GOLDING v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC.

No. 71 Civ. 5586.

385 F.Supp. 1182 (1974)

Evelyn GOLDING, Plaintiff, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., et al., Defendants.

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

December 4, 1974.


Attorney(s) appearing for the Case

Trubin, Sillcocks, Edelman & Knapp, New York City, for plaintiff; Robert R. MacDonnell, Loren G. Lavine, New York City, of counsel.

Brown, Wood, Fuller, Caldwell & Ivey, New York City, for defendants; James K. Manning, New York City, of counsel.


METZNER, District Judge:

Defendants in this action move for judgment on the pleadings as to Counts One through Four of the amended complaint. Fed.R.Civ.P., Rule 12(c). They further move for dismissal of the remaining six counts for lack of subject matter jurisdiction. Fed.R.Civ.P., Rule 12(b)(1).

Count One alleges substantive violations of Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j (b), and Rule 10b-5 promulgated thereunder...

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