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SCHENCK v. BEAR, STEARNS & CO., INC.

No. 963, Docket 78-7118.

583 F.2d 58 (1978)

Robert SCHENCK, Plaintiff-Appellant, v. BEAR, STEARNS & CO., INC., Merkin & Co., Inc., GAC Properties Credit, Inc. and GAC, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 15, 1978.

Attorney(s) appearing for the Case

Ernest H. Hammer, Hammer & Spector, New York City, on brief, for plaintiff-appellant.

M. David Hyman, New York City, on brief, for defendant-appellee Bear, Stearns & Co.

Stephen R. Steinberg, Victor P. Muskin, Reavis & McGrath, New York City, on brief, for defendant-appellee Merkin & Co., Inc.

Before MOORE, Van GRAAFEILAND and MESKILL, Circuit Judges.

MESKILL, Circuit Judge:

This is an appeal from an order of the United States District Court for the Southern District of New York, Constance Baker Motley, Judge, dismissing, sua sponte, a complaint alleging securities laws violations, for failure to prosecute. This cause came on to be heard on the transcript of the record from the district court. The appeal was not argued orally by counsel and was taken on submission...

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