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BOLGER v. LAVENTHOL, KREKSTEIN, HORWATH & HORWATH

No. 73 Civ. 5063.

381 F.Supp. 260 (1974)

David F. BOLGER et al., Plaintiffs, v. LAVENTHOL, KREKSTEIN, HORWATH & HORWATH, et al., Defendants.

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

Reargument July 29, 1974.

Attorney(s) appearing for the Case

Walsh & Frisch, New York City, for plaintiffs; E. Roger Frisch, Robert D. Mercurio, New York City, of counsel.

Willkie, Farr & Gallagher, New York City, for defendants Laventhol, Krekstein, Horwath & Horwath, Landis & Landis, and Morris Landis; Louis A. Craco, Stephen Greiner, New York City, of counsel.

Christy, Frey & Christy, New York City, for defendants Morton Dear and Thomas Martino, Jr.; David P. Steinmann, New York City, of counsel.

METZNER, District Judge:

This is a motion to dismiss the complaint pursuant to Rules 12(b)(1) and (6), Fed.R.Civ.P., for lack of subject matter jurisdiction and failure to state a claim upon which relief may be granted.

Plaintiffs are nineteen limited partners of Takara Partners Limited (Takara), a New York limited partnership which was organized on July 16, 1969, for the purpose of investing and trading in securities. The moving defendants are Laventhol,...

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