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RICE v. McDONNELL & CO., INC.

No. 74 Civ. 3541.

386 F.Supp. 315 (1974)

Joseph L. RICE, III, Plaintiff, v. McDONNELL & CO., INC., et al., Defendants.

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

December 30, 1974.

Attorney(s) appearing for the Case

Goldfeld, Charak, Tolins & Lowenfels, New York City, for defendant Ronald H. Hoenig; Seymour Goldfeld, New York City, of counsel.

Nickerson, Kramer, Lowenstein, Nessen, Kamin & Soll, New York City, for plaintiff; Eugene H. Nickerson, Gregory G. Jones, New York City, of counsel.

Lunney & Crocco, New York City, for defendant T. Murray, McDonnell; Michael J. McAllister, New York City, of counsel.

MEMORANDUM DECISION

WERKER, District Judge.

This is a motion by the defendant Ronald H. Hoenig for an order pursuant to 9 U.S.C. §§ 2, 3, and Rule 12(b) of the Federal Rules of Civil Procedure staying all proceedings herein pending arbitration of the claims set forth in the complaint.

Succinctly put, the complaint alleges that plaintiff was induced by fraud to purchase shares of the corporate defendant, McDonnell & Co., Inc., in violation...

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