Rosalind FOGEL and Gerald Fogel, Plaintiffs-Appellants,
v.
George A. CHESTNUTT, Jr., et al., Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued September 22, 1975.
Decided December 30, 1975.
Attorney(s) appearing for the Case
Abraham L. Pomerantz, New York City (Richard M. Meyer, William E. Haudek, Daniel W. Krasner, and Pomerantz, Levy, Haudek & Block, New York City, of counsel), for plaintiffs-appellants.
Clendon H. Lee, New York City (Rogers, Hoge & Hills, New York City, of counsel), for defendants-appellees (other than American Investors Fund, Inc. Nominal Defendant).
Dewey, Ballantine, Bushby, Palmer & Wood, New York City (Edward N. Sherry, Judson A. Parsons, Jr., and Martin J. Schwartz, New York City), for Lord, Abbett & Co., as amicus curiae.
Before FRIENDLY, HAYS and FEINBERG, Circuit Judges.
United States Court of Appeals, Second Circuit.
FRIENDLY, Circuit Judge:
More than four years after the First Circuit decided Moses v. Burgin,445 F.2d 369 (1971), reversing 316 F.Supp. 31 (D.Mass.1970), concerning the duty of the managers of a mutual fund to recapture brokerage commissions for the benefit of the fund, this court is confronted with the problem for the first time. In reviewing Judge Wyatt's dismissal on the merits of...
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