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RODMAN v. GRANT FOUNDATION

No. 78 CIV. 1653(MP).

460 F.Supp. 1028 (1978)

Charles G. RODMAN, Trustee of the Estate of W. T. Grant Company, Bankrupt, Plaintiff, v. The GRANT FOUNDATION, The Connecticut Bank and Trust Company, Individually and as Trustee of Trusts established in December 1942 and May 1956 for the benefit of Helen Grant Biddle Allchin, Edward Staley, Richard W. Mayer, John G. Byler, Raymond H. Fogler, John G. Curtin, Harry E. Pierson, A. Richard Butler, John J. LaPlante, Joseph A. Livolsi, Louis C. Lustenberger, James G. Kendrick, Joseph W. Chinn, Jr., John D. Gray, Joseph Hinsey, DeWitt Peterkin, Jr., Charles F. Phillips, and Asa T. Spaulding, Defendants.

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

November 13, 1978.

Attorney(s) appearing for the Case

Weil, Gotshal & Manges, New York City, for plaintiff, by Mel P. Barkan, and Steven J. Shore, New York City, of counsel.

Patterson, Belknap, Webb & Tyler, New York City, for defendant William T. Grant Foundation, Inc., by Thomas C. Morrison, New York City, of counsel.

Cleary, Gottlieb, Steen & Hamilton, New York City, for individual defendants, by James W. Lamberton, and Thomas J. Moloney, New York City, of counsel.

Lord, Day & Lord, New York City, for defendant The Connecticut Bank and Trust Co., by Genevieve L. Fraiman, New York City, of counsel.

Netter, Dowd & Alfieri, New York City, for defendant LaPlante, by Edward M. Berman, New York City, of counsel.

OPINION

POLLACK, District Judge.

The defendants seek dismissal of this suit on the grounds that the plaintiff has failed to state or show grounds entitling him to relief and that the Court lacks subject matter jurisdiction. Rules 56(b), 12(b)(1) and 12(b)(6), Fed.R.Civ.P. The plaintiff has proceeded in this Court on the notion that he is asserting violations of the Securities Exchange Act of 1934, specifically sections 10(b) and 14(a) thereof, 15 U.S.C....

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