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IN RE GARTENBERG

No. 254, Docket 80-3034.

636 F.2d 16 (1980)

In re Irving L. GARTENBERG, Petitioner.

United States Court of Appeals, Second Circuit.

Decided October 9, 1980.

Attorney(s) appearing for the Case

Pomerantz, Levy, Haudek & Block, New York City, for petitioner.

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

VAN GRAAFEILAND, Circuit Judge:

Petitioner is a shareholder of Merrill Lynch Ready Assets Trust, a no-load, diversified, open-end investment company. In March 1980 he commenced a derivative action in the United States District Court for the Southern District of New York against Merrill Lynch Asset Management, Inc., the investment adviser of the Trust, and Merrill Lynch, Pierce, Fenner & Smith, Inc., the parent company of the adviser. The gravamen of his complaint...

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