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MARBURY MANAGEMENT, INC. v. KOHN

No. 72 Civ. 5121.

470 F.Supp. 509 (1979)

MARBURY MANAGEMENT, INC., Harry Bader and Harvey Jaffe, Plaintiffs, v. Alfred KOHN and Wood, Walker & Co., Defendants.

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

April 25, 1979.

Attorney(s) appearing for the Case

George Berkowitz, New York City, for plaintiffs.

Lunney, Downey & Crocco, New York City, for defendant Wood, Walker & Co.; Charles A. Crocco, Jr., New York City, of counsel.

Fisher & Klein, New York City, for defendant Kohn; Jay D. Fisher, New York City, of counsel.

OPINION

GAGLIARDI, District Judge.

Plaintiffs Marbury Management, Inc., Harry Bader and Harvey Jaffe commenced this action against the brokerage firm of Wood, Walker & Co. ("Wood Walker") and its employee, Alfred Kohn, alleging violations of Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act"), 15 U.S.C. § 78j(b), Section 17(a) of the Securities Act of 1933, 15 U.S.C. § 77q, and common law fraud.1

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