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WACHOVIA BANK & TRUST v. NAT. STUDENT MARKETING

M.D.L. No. 105. Civ. A. No. 166-73.

461 F.Supp. 999 (1978)

WACHOVIA BANK AND TRUST CO., N.A., et al., Plaintiffs, v. NATIONAL STUDENT MARKETING CORP. et al., Defendants.

United States District Court, District of Columbia.

November 21, 1978.

Attorney(s) appearing for the Case

Juan A. Del Real, Richard M. Phillips, Hill, Christopher & Phillips, P. C., Washington, D. C., for plaintiffs.

Milton V. Freeman, Thomas D. Nurmi, Robert H. Winter, Arnold & Porter, Washington, D. C., for defendants White & Case and Marion Jay Epley, III.

William E. Hegarty, Mathias E. Mone, Harvey J. Golubock, Joseph W. Muccia, Cahill, Gordon & Reindel, New York City, for defendants Peat, Marwick, Mitchell & Co., Anthony M. Natelli and Joseph Scansaroli.

MEMORANDUM OPINION

BARRINGTON D. PARKER, District Judge:

In this private federal securities laws litigation, filed by the Wachovia Bank and Trust Company and other plaintiffs1 (the Wachovia plaintiffs), two questions are presented for the Court's resolution. First, do the plaintiffs have implied causes of action under § 17(a) of the Securities Act of 1933 (1933 Act)2 and §§ 10(b), 13...

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