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STANDARD METALS CORP. v. TOMLIN

No. 80 Civ. 2983.

503 F.Supp. 586 (1980)

STANDARD METALS CORPORATION, Plaintiff, v. S. Stokes TOMLIN, Jr., Edward L. Gaylord, Gayno, Inc., Homer E. Noble, Noble Mining Company, and the Oklahoma Publishing Company, Defendants.

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

August 14, 1980.

Attorney(s) appearing for the Case

Windels, Marx, Davies & Ives by Paul Windels, Jr., Charles L. Stewart, Andrew N. Grass, Jr., Anthony A. Dean, Paul J. Dillon, New York City, for plaintiff.

Reavis & McGrath by Nathaniel L. Gerber, New York City, and McClain, Mellen, Bowling & Hickman by Michael T. Turner, Atlanta, Ga., for defendant Tomlin.

Gordon, Hurwitz, Butowsky, Baker, Weitzen & Shalov by Theodore Altman, Franklin B. Velie, Paul D. Wexler, New York City, and Pierson, Ball & Dowd by William O. Bittman, Frederic J. Spindel, Washington, D. C., for defendants Edward L. Gaylord, Gayno, Inc., Homer E. Noble, Noble Mining Co., and The Oklahoma Pub. Co.

MOTLEY, District Judge.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

Findings of Fact

Plaintiff, Standard Metals Corp. ("Standard"), has moved for an order granting a preliminary injunction against defendants in this action. Plaintiff alleges that defendants have violated Section 13(d) of the Securities Exchange Act of 1934, 15 U.S.C. § 78m(d), and Section 10(b), 15 U.S.C. § 78j(b), as well as Rule 10b-5, promulgated thereunder, 17...

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