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GREEN v. HAMILTON INTERN. CORP.

No. 76 Civ. 5433 (CHT).

437 F.Supp. 723 (1977)

S. William GREEN, Justin Colin and Roger J. Hochstin, Plaintiffs, v. HAMILTON INTERNATIONAL CORPORATION, MEI Corporation and Household Finance Corporation, Defendants.

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

September 29, 1977.

Attorney(s) appearing for the Case

Milgrim Thomajan & Jacobs, P. C., New York City, for plaintiffs; Robert F. Fink, Robert A. Meister, New York City, of counsel.

Cadwalader, Wickersham & Taft, New York City, for defendants; George D. Reycraft, Richard J. Wiener, New York City, of counsel.

MEMORANDUM

TENNEY, District Judge.

In this civil action for money damages plaintiffs allege a violation of Section 10(b) of the Securities Exchange Act of 1934 ("the '34 Act"), 15 U.S.C. § 78j and rule 10b-5, 17 C.F.R. § 240.10b-5, promulgated thereunder. Plaintiffs also claim a cause of action in common law fraud for which they ask punitive damages.

Defendants have moved to dismiss the complaint pursuant to Rule 12(b)(6) of the Federal...

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