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FLAKS v. KOEGEL

No. 1135, Docket 74-1437.

504 F.2d 702 (1974)

Steven FLAKS et al., Plaintiffs-Appellees, v. David I. KOEGEL and Flora Mir Candy Corporation, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 25, 1974.

Attorney(s) appearing for the Case

Harold B. Lawrence, New York City (Salon, Ortner, Yavers, Dershowitz & Raybin, New York City, Joseph Jackson, New York City, of counsel), for plaintiffs-appellees.

Clark J. Gurney, New York City (Roth Carlson & Spengler, New York City, Charles E. Matthews, Jr., William J. McSherry, Jr., New York City, of counsel), for defendants-appellants.

Before MULLIGAN, WINTER, Circuit Judges and NEWMAN, District Judge.

MULLIGAN, Circuit Judge:

The eight named plaintiffs brought an action on May 8, 1972 in the United States District Court for the Southern District of New York charging the defendants with violations of sections 5 and 17(a) of the Securities Act of 1933, as amended (15 U.S.C. §§ 77e & 77q(a)), and section 10(b) of the Securities Exchange Act of 1934, as amended (15 U.S.C. § 78j (b)), as well as common law...

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