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FOGEL v. CHESTNUTT

No. 68 Civ. 2855.

383 F.Supp. 914 (1974)

Rosalind FOGEL and Gerald Fogel, Plaintiffs, v. George A. CHESTNUTT, Jr., et al., Defendants.

United States District Court, S. D. New York.

October 29, 1974.

Attorney(s) appearing for the Case

Pomerantz, Levy, Haudek & Block, New York City, for plaintiffs; Richard M. Meyer, Daniel W. Krasner, New York City, of counsel.

Rogers, Hoge & Hills, New York City, for defendants Chestnutt, Jr., Currier, Sabel, Greene, Chestnutt Corp., and American Investors Corp.; Clendon H. Lee, Frederick A. Nicoll, New York City, of counsel.

Rogers & Wells, New York City, for American Investors Fund, defendant; William F. Koegel, New York City, of counsel.

WYATT, District Judge.

This is the decision after trial without a jury on the issue of liability alone. There will be judgment for defendants on this issue.

Plaintiffs are and have been since January 11, 1963 holders of record of shares of capital stock of American Investors Fund, Inc. (Fund), a New York corporation. Fund is a diversified open-end management investment company registered as such under the Investment Company Act of 1940 (15 U.S.C. § 80a...

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