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ZELL v. INTERCAPITAL INCOME SECURITIES, INC.

Nos. C-77-2934-WWS, C-78-1155-WWS.

459 F.Supp. 819 (1978)

Paul W. ZELL, on behalf of himself and all others similarly situated, Plaintiff, v. INTERCAPITAL INCOME SECURITIES, INC., Dean Witter Reynolds InterCapital, Inc., Dean Witter Reynolds Organization, Inc., Robert W. Swinarton, Charles A. Fiumefreddo, Dennis H. Greenwald, Robert W. Long, Jonothan R. Page, Vincent M. Marra, Rosalie Sharin, Irwin Friend, Arthur M. Okun and John J. Scanlon, Defendants.

United States District Court, N. D. California.

October 24, 1978.

Attorney(s) appearing for the Case

David B. Gold, A Professional Law Corp., David B. Gold, Paul F. Bennett, George Donaldson, San Francisco, Cal., for plaintiff.

Pillsbury, Madison & Sutro, John B. Bates, James J. Walsh, Stanley B. Watson, Stephen Stublarec, San Francisco, Cal., for defendants.

MEMORANDUM AND ORDER GRANTING MOTIONS FOR SUMMARY JUDGMENT

WILLIAM W SCHWARZER, District Judge.

Paul W. Zell, an owner of one share of stock in InterCapital Income Securities, Inc. (the "Fund"), an investment company, brings this action charging defendants with violation of Section 14(a) of the Securities Exchange Act of 1934, 15 U.S.C. § 78n, and the rules promulgated under it, by failing to disclose material information in two proxy statements.

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