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KAVIT v. A. L. STAMM & CO.

No. 149, Docket 72-1994.

491 F.2d 1176 (1974)

Arthur Yale KAVIT, Plaintiff-Appellee, v. A. L. STAMM & CO., a Co-partnership, and Jack R. Levien, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 22, 1974.

Attorney(s) appearing for the Case

Norman Winer, New York City (Nathan, Mannheimer, Asche, Winer & Friedman, New York City, of counsel), for defendants-appellants.

David L. Tecklin, New York City, for plaintiff-appellee.

Before LUMBARD, FRIENDLY and OAKES, Circuit Judges.

FRIENDLY, Circuit Judge:

The opinion of this court in Ryan v. J. Walter Thompson Co., 453 F.2d 444, 445 (2 Cir. 1971), began by saying:

This case is another example of a trend we have observed with disturbing frequency, namely, invocation of the salutary anti-fraud provisions of the federal securities laws in cases where those provisions are wholly inappropriate and wide of the Congressional mark. Moreover, the vice of this...

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