KLAMBERG v. ROTH

No. 75 Civ. 1507 (JMC).

473 F.Supp. 544 (1979)

Louis KLAMBERG, Individually and on behalf of all other persons who were beneficiaries of the Sandler of Boston Profit-Sharing Retirement Plan and Trust after April 1, 1969, Plaintiff, v. Chester ROTH, Albert P. Slaner, Norman A. Jackson, Harold Glasser, Robert H. Zimring and Kayser-Roth Corporation, Defendants.

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

June 22, 1979.


Attorney(s) appearing for the Case

Barrack, Rodos & McMahon, Philadelphia, Pa. (Donald Barrack, Philadelphia, Pa., and Milberg, Weiss, Bershad & Specthrie, New York City, of counsel), for plaintiff.

Parker, Auspitz, Neesemann & Delehanty, and Paul, Weiss, Rifkind, Wharton & Garrison, New York City (John M. Delehanty, and Robert L. Laufer, New York City, of counsel), for defendant Kayser-Roth Corp.

D'Amato & Lynch, New York City (Robert E. Meshel, and Andrew R. Simmonds, New York City, of counsel), for the individual defendants.


MEMORANDUM AND ORDER

CANNELLA, District Judge:

Motion by defendants, for summary judgment on Claims I and II of the complaint for failure to state a claim under the federal securities laws, is granted. Fed.R.Civ.P. 12(b)(6), 56.

Motion by defendants, to dismiss the remaining state law claims for lack of jurisdiction over the subject matter, is denied. Fed.R.Civ.P. 12(b)(1).

Motion by defendants, for summary judgment on Claim VI for failure...

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