KERRIGAN v. MERRILL LYNCH, PIERCE, FENNER & SMITH

No. 76 Civ. 2197 (GLG).

450 F.Supp. 639 (1978)

Edith Shearn KERRIGAN, as Executor and Trustee and John K. Watson, Jr., as Successor Trustee in lieu of John K. Watson, Deceased Executor and Trustee under the Will of Arthur L. Kerrigan, Deceased, and Edith Shearn Kerrigan, Individually, Plaintiffs, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INCORPORATED, Donald T. Regan, George L. Shinn and Ned B. Ball, Defendants.

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

As Amended May 22, 1978.


Attorney(s) appearing for the Case

Forsyth, Decker, Murray & Hubbard, New York City, for plaintiffs; Samuel J. Murray, Barbara A. Mentz, New York City, of counsel.

Brown, Wood, Ivey, Mitchell & Petty, New York City, for defendants; Roger J. Hawke, New York City, of counsel.


OPINION

GOETTEL, District Judge.

In this securities action, the defendants moved to dismiss for failure to state a claim upon which relief can be granted or, alternatively, for summary judgment. In response, the plaintiffs moved for leave to amend their complaint, in order to add several factual allegations and substantive claims. The defendants opposed the motion for leave to amend on several grounds, but primarily on the basis that the complaint if amended...

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