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MARX & CO., INC. v. DINERS' CLUB, INC.

Nos. 70 Civ. 3064, 72 Civ. 4324.

400 F.Supp. 581 (1975)

MARX & CO., INC., et al., Plaintiffs, v. The DINERS' CLUB, INC., et al., Defendants, v. William D. FUGAZY and Louis V. Fugazy, Third-Party Defendants. William D. FUGAZY and Louis V. Fugazy, Plaintiffs, v. The DINERS' CLUB, INC., et al., Defendants, Marx & Co., Inc., et al., Additional Defendants on the Counterclaims.

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

September 23, 1975.

Attorney(s) appearing for the Case

Harris, Fredericks & Korobkin and Olwine, Connelly, Chase, O'Donnell & Weyher, New York City, for plaintiffs; Barry I. Frederciks, James E. Tolan, New York City, of counsel.

Hardee, Barovick, Konecky & Braun, New York City, for defendants; Joseph J. Santora, Robert B. Kay, Robert B. McKay, New York City, of counsel.

OPINION

ROBERT J. WARD, District Judge.

Plaintiffs commenced these actions in 1970 and 1972, respectively, alleging, inter alia, that defendant The Diners' Club, Inc. ("Diners'") breached a contract to register certain unregistered Diners' stock held by them. In addition, plaintiffs asserted two claims alleging violations of § 10(b) of the Securities Exchange Act of 1934 (15 U.S.C. § 78j(b))...

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