FUCHS v. SWANTON CORP.

No. 78 CIV 6246 (LBS).

482 F.Supp. 83 (1979)

Richard FUCHS, on behalf of himself and all others similarly situated, and on behalf of and in the name of M. P. C., Inc., Plaintiff, v. SWANTON CORPORATION, M. P. C., Inc., A. Fred March, Norman F. Swanton, Eugene N. Scalercio, Alfred Shoenberg, Frederick M. Glass, Robert L. Hurd, Lyle E. Goodnight, James Roden, Barbara A. Moss, Steven Klein, Leroy Elbaum, and F. Eberstadt & Co., Inc., Defendants.

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

September 28, 1979.


Attorney(s) appearing for the Case

Kass, Goodkind, Wechsler & Labaton, Edward Labaton, Samuel K. Rosen, Patricia I. Avery, New York City, for plaintiff.

Abraham I. Markowitz, New York City, for defendant M. P. C., Inc.

Gordon, Hurwitz, Butowsky, Baker, Weitzen & Shalov, New York City, for defendant March.

Harvey Lacon, New York City, for all other defendants.


SAND, District Judge.

Richard Fuchs, a shareholder in M.P.C., Inc. ("MPC") brings a class action, and a derivative action on behalf of MPC, against Swanton Corporation ("Swanton"), MPC, A. Fred March ("March"), Norman F. Swanton, F. Eberstadt & Co., Inc. and the officers and directors of Swanton.1 Plaintiff, who seeks both injunctive and monetary relief, invokes this Court's jurisdiction under Section 22(a) of the Securities Act of...

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