POSNER v. MERRILL LYNCH, PIERCE, FENNER & SMITH

No. 76 Civ. 5084-CSH.

469 F.Supp. 972 (1979)

Burton POSNER and Iris N. Posner, Plaintiffs, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC. and Lionel D. Edie & Co., Inc., Defendants.

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

April 26, 1979.


Attorney(s) appearing for the Case

Joseph M. Pogostin, New Rochelle, N. Y., for plaintiffs.

Thomas W. Smith, Joanne Welty, New York City, for defendants.


MEMORANDUM OPINION & ORDER

HAIGHT, District Judge:

Defendants' omnibus motion under Rules 12(b)(1) and (6), 12(c) and 56, Fed.R.Civ.P., seeking dismissal of this action on various grounds, raises interesting if not altogether novel questions of law under the Securities Act of 1933 (the 1933 Act), 15 U.S.C. § 77a et seq., and the Securities Exchange Act of 1934 (the 1934 Act), 15 U.S.C. § 78a et seq. Before proceeding to a discussion...

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