SCHLICK v. PENN-DIXIE CEMENT CORPORATION

No. 1009, Docket 73-2677.

507 F.2d 374 (1974)

John SCHLICK, Plaintiff-Appellant, v. PENN-DIXIE CEMENT CORPORATION et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 31, 1974.


Attorney(s) appearing for the Case

Jeffrey L. Zivyak and Ira W. Berman, New York City, for plaintiff-appellant.

Marc P. Cherno, New York City (Joseph H. Einstein, Alan J. Russo, New York City, of counsel), for defendants-appellees.

Amicus Brief filed by S. E. C. (Lawrence E. Nerheim, Gen. Counsel, Walter North, Associate Gen. Counsel, Frederic T. Spindel, Sp. Counsel, Frederick B. Wade, Atty., Securities and Exchange Commission, Washington, D. C.).

Before OAKES, Circuit Judge, and FRANKEL and KELLEHER, District Judges.


OAKES, Circuit Judge:

This appeal is from a judgment dismissing a complaint for failure to state a claim upon which relief may be granted under Fed.R.Civ.P. 12(b) (6). The action is one for damages for alleged violations of the federal securities laws,1 brought by a minority shareholder2 of Continental Steel Corporation (Continental), an Indiana corporation listed on the New York Stock Exchange (NYSE). The...

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