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STRAUS v. HOLIDAY INNS, INC.

No. 77 Civ. 383.

460 F.Supp. 729 (1978)

Edna STRAUS, Plaintiff, v. HOLIDAY INNS, INC., Smith Barney Harris Upham & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc., Kemmons Wilson, Walkem Development Company, Inc., Wallace E. Johnson and Ernest B. McCool, Defendants.

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

April 4, 1978.

Attorney(s) appearing for the Case

Philips & Mushkin, New York City, for plaintiff.

Cadwalader, Wickersham & Taft by John J. Walsh, Earl H. Nemser, Richard H. Walker, New York City, for defendant Holiday Inns.

Davis, Polk & Wardwell, New York City, for Merrill Lynch.

MEMORANDUM DECISION

GAGLIARDI, District Judge.

Plaintiff Edna Straus has commenced this action pursuant to § 11 of the Securities Act of 1933 ("Securities Act"), 15 U.S.C. § 77k, § 10(b) of the Securities Exchange Act of 1934, ("Exchange Act"), 15 U.S.C. § 78j(b), and principles of common law fraud. Jurisdiction is premised upon § 22(a) of the Securities Act, 15 U.S.C. § 77v, § 27 of the Exchange Act, 15 U.S.C. § 78aa...

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