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LIGGETT & MYERS INCORPORATED v. BLOOMFIELD

No. 72 Civil 685.

380 F.Supp. 1044 (1974)

LIGGETT & MYERS INCORPORATED et al., Plaintiffs, v. Joseph BLOOMFIELD, Defendant. Joseph BLOOMFIELD, Third-Party Plaintiff, v. Harry KOBRIN et al., Third-Party Defendants.

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

July 30, 1974.

Attorney(s) appearing for the Case

Webster, Sheffield, Fleischmann, Hitchcock & Brookfield, New York City, for plaintiffs; Donald J. Cohn, Harvey D. Myerson, Eric J. Wallach, James V. Kearney, New York City, of counsel.

Rosenman, Colin, Kaye, Petschek, Freund & Emil, New York City, for defendant and third-party plaintiff; Gerald Walpin, Raymond A. Bragar, Eric Rosenberg, New York City, of counsel.

Rogers, Hoge & Hills, New York City, for individual third-party defendants; Kenneth L. Everett, E. Carrington Boggan, James N. Blair, New York City, of counsel.

John B. Wynne, New York City, for third-party defendant Chemical Bank.

OPINION

EDWARD WEINFELD, District Judge.

Plaintiff, Liggett & Myers Incorporated, commenced this action against the defendant Joseph Bloomfield, charging him with violations of section 10(b) of the Securities Exchange Act of 19341 and rule 10b-5, promulgated thereunder,2 common law fraud and breach of warranty. Bloomfield, in addition to a general denial, asserted several counterclaims against...

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