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KLEIN v. TABATCHNICK

Nos. 1075 to 1077, Dockets 78-7639, 79-7027 and 79-7074.

610 F.2d 1043 (1979)

Jerry B. KLEIN, as Trustee for the Liquidation of the Business of JNT Investors, Inc., Debtor, Plaintiff-Appellee and Cross-Appellant, v. Jay N. TABATCHNICK and S. Wolfe Emmer, Defendants-Appellants and Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 26, 1979.

Attorney(s) appearing for the Case

Kevin P. Hughes, New York City, Weil, Gotshal & Manges, New York City, for plaintiff-appellee and cross-appellant.

Lawrence Greenapple, New York City, Bobrow, Greenapple, Burton, Distler & Midler, New York City, for defendant-appellant and cross-appellee, Jay N. Tabatchnick.

Barbara Meiers, Los Angeles, Cal. (Gibson, Dunn & Crutcher, Steven A. Meiers, Los Angeles, Cal., Conboy, Hewitt, O'Brien & Boardman, Timothy C. Quinn, New York City, of counsel), for defendant-appellant and cross-appellee, S. W. Emmer.

Before VAN GRAAFEILAND and NEWMAN, Circuit Judges, and BONSAL, District Judge.

VAN GRAAFEILAND, Circuit Judge:

Jay N. Tabatchnick and S. Wolfe Emmer appeal from a $73,750 judgment recovered against them by Jerry B. Klein, trustee for the liquidation of the business of JNT Investors, Inc., under the Securities Investor Protection Act of 1970, 15 U.S.C. §§ 78aaa-78lll. Klein cross appeals from that portion of the judgment dismissing other claims for relief. The parties' differences have been much too extensively briefed and argued...

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