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CUTNER v. FRIED

No. 73 Civ. 227-LFM.

373 F.Supp. 4 (1974)

Clyde H. CUTNER, Individually and on behalf of all others similarly situated, Plaintiff, v. Albert FRIED, Jr., et al., Defendants.

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

March 13, 1974.

Attorney(s) appearing for the Case

Milberg & Weiss, New York City, Harold E. Kohn, P.A., Philadelphia, Pa., for plaintiff; Melvyn I. Weiss and Jared Specthrie, New York City, Aaron M. Fine, Stuart H. Savett, and Arthur M. Kaplan, Philadelphia, Pa., of counsel.

Milbank, Tweed, Hadley & McCloy, New York City, for defendant The New York Stock Exchange, Inc.; William E. Jackson and Briscoe R. Smith, New York City, of counsel.

Cleary, Gottlieb, Steen & Hamilton, New York City, for defendants Albert Fried, Jr. and Albert Fried & Co.; George J. Grumbach, Jr., New York City, of counsel.

MacMAHON, District Judge.

Plaintiff moves under Rule 23(c) (1), Fed.R.Civ.P., and Civil Rule 11A of this court for a determination that this action is a class action. Defendants cross-move under Rule 12(b), Fed.R. Civ.P., to dismiss Counts IV and V of the complaint for failure to state a claim.

This action is brought under §§ 10(b) and 11(b) of the Securities Exchange Act of 1934 ("the Act")1 and Rules 10b-5 and 11b-1...

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