BOX v. NORTHROP CORP.

No. 74 Civ. 4373.

423 F.Supp. 4 (1976)

Cloyce K. BOX, Plaintiff, v. NORTHROP CORPORATION et al., Defendants.

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

February 26, 1976.


Attorney(s) appearing for the Case

Mudge, Rose, Guthrie & Alexander by Richard B. Marrin, John J. Witmeyer, III, New York City.

Stalcup, Johnson, Meyers & Miller by Robert L. Meyers, III, Robert F. Middleton, David J. White, Dallas, Tex., for plaintiff.

Debevoise, Plimpton, Lyons & Gates by Samuel E. Gates, Martin Frederic Evans, Thomas R. Berner, New York City, for defendants Northrop Corp., H. E. Drayer, William V. Lawson, James F. Murphy, Sr., and Roger K. Soderberg.

Hart & Hume by Cecil Holland, New York City, for defendants The Aetna Cas. & Surety Co., Max E. Greenberg and David Trager.

Milbank, Tweed, Hadley & McCloy by Andrew J. Connick, Lana Borsook, New York City, for defendants The Chase Manhattan Bank and Louis Zircher.

Barrett, Smith, Schapiro & Simon by Sandra Gale Behrle, Michael F. Armstrong, New York City, for defendants George A. Fuller Co. and F. G. Lyon.


Memorandum Opinion On Motion To Dismiss

MOTLEY, District Judge.

The second amended complaint in this action consists of 57 pages and sets forth 14 separate causes of action in addition to several exhibits. The several federal causes of action are predicated on the anti-fraud provisions of the Federal Securities Laws, specifically, Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and S.E.C. Rule 10b-5, 17 C.F.R. 240.10b...

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