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COMPETITIVE ASSOCIATES v. LAVENTHOL KREKSTEIN

No. 72 Civ. 1986.

478 F.Supp. 1328 (1979)

COMPETITIVE ASSOCIATES, INC., Plaintiff, v. LAVENTHOL KREKSTEIN HORWATH & HORWATH, Morton Dear, Robert E. Bier, and Thomas Martino, Jr., Defendants.

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

October 18, 1979.

Attorney(s) appearing for the Case

Michael C. Devine, Schwenke & Devine, S. Pitkin Marshall, Stults, Marshall & Gabler, New York City, for plaintiff.

Louis A. Craco, Willkie, Farr & Gallagher, Stephen Greiner, Anne D. Lopatto, New York City, for Laventhol Krekstein Horwath.

Arthur H. Christy, Christy & Viener, Arthur Nealon, New York City, for Morton Dear, Robert E. Bier and Thomas Martino, Jr.

OPINION

GRIESA, District Judge.

This is an action under Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b) and S.E.C. Rule 10b-5.1 Plaintiff Competitive Associates, Inc. was formerly a publicly held mutual fund. In October 1970 Competitive retained Akiyoshi Yamada and his company, Takara Asset Management Corporation, to manage a portion of Competitive's portfolio. It was later revealed that Yamada was...

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