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MADISON FUND, INC. v. CHARTER CO.

No. 73 Civ. 2633 (WCC).

406 F.Supp. 749 (1975)

MADISON FUND, INC., Plaintiff, v. The CHARTER COMPANY and Shearson, Hammill & Co., Inc., Defendants.

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

September 24, 1975.

Attorney(s) appearing for the Case

Olwine, Connelly, Chase, O'Donnell & Weyher, New York City, for plaintiff.

Cleary, Gottlieb, Steen & Hamilton, New York City, for Charter Co.

Dewey, Ballantine, Bushby, Palmer & Wood, New York City, for Shearson, Hammill.

MEMORANDUM AND ORDER

CONNER, District Judge:

The subject of the present motion to dismiss is a complaint containing four counts. In Count I, defendants are charged with violation of Section 1 of the Sherman Act, 15 U.S.C. § 1. Count II charges defendants with violation of Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and Rule 10b-5, 17 C.F.R. 240.10b-5, and with common law...

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