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LORBER v. BEEBE

No. 74 Civ. 384.

407 F.Supp. 279 (1975)

M. Philip LORBER, Plaintiff, v. William A. BEEBE et al., Defendants.

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

On Reargument February 9, 1976.

Attorney(s) appearing for the Case

Milberg & Weiss, New York City, for plaintiff by Melvyn I. Weiss, Jared Specthrie, New York City, of counsel.

Debevoise, Plimpton, Lyons & Gates, New York City, for Dunkin Donuts Inc. and the individual defendants by J. Asa Rountree, Lionel G. Hest, New York City, of counsel.

Cravath, Swaine & Moore, New York City, for defendant Price Waterhouse & Co. by John R. Hupper, Robert K. Baker, Alexander R. Sussman, New York City, of counsel.

White & Case, New York City, for the defendant Underwriters by Rayner M. Hamilton, Richard J. Holwell, New York City, of counsel.

WHITMAN KNAPP, District Judge.

This securities fraud action is presently before us on plaintiff's Rule 23 motion for class determination and defendants' cross-motion for summary judgment. For the reasons set forth below, plaintiff's Rule 23 motion is granted, but all of defendants' motions are denied, except for their motion to dismiss Count I of the complaint, which is granted.

On August 7, 1972, plaintiff — a concededly experienced investor and an...

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