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GARTENBERG v. MERRILL LYNCH ASSET MANAGEMENT, INC.

Nos. 11, 14, Dockets 82-7142, 82-7074.

694 F.2d 923 (1982)

Irving L. GARTENBERG, Plaintiff-Appellant, v. MERRILL LYNCH ASSET MANAGEMENT, INC., Merrill Lynch, Pierce, Fenner and Smith, Inc., and Merrill Lynch Ready Assets Trust, Defendants-Appellees. Simone C. ANDRE, Plaintiff-Appellant, v. MERRILL LYNCH READY ASSETS TRUST, and Merrill Lynch Asset Management, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 3, 1982.

Attorney(s) appearing for the Case

William P. Rogers, New York City (Stanley Godofsky, James N. Benedict, Anne Elizabeth Fontaine, Rogers & Wells, New York City, of counsel), for defendants-appellees Merrill Lynch Asset Management, Inc. and Merrill Lynch, Pierce, Fenner & Smith, Inc.

Stanley M. Grossman, New York City (Stephen P. Hoffman, Bruce G. Stumpf, Pomerantz, Levy, Haudek & Block, New York City, of counsel), for plaintiff-appellant Gartenberg.

Sidney B. Silverman, New York City, for plaintiff-appellant Andre.

James K. Manning, New York City (James B. May, A. Robert Pietrzak, Kent E. Daiber, Brown, Wood, Ivey, Mitchell & Petty, New York City, of counsel), for defendant-appellee Merrill Lynch Ready Assets Trust.

Before MANSFIELD, VAN GRAAFEILAND and NEWMAN, Circuit Judges.

MANSFIELD, Circuit Judge:

Irving L. Gartenberg and Simone C. Andre, two shareholders of the Merrill Lynch Ready Assets Trust, a money market fund (the "Fund"), appeal from a judgment of the Southern District of New York, Milton Pollack, Judge, entered after a non-jury trial, dismissing their consolidated derivative actions against the Fund and its affiliates, Merrill Lynch Asset Management, Inc., the adviser and manager of the Fund (the "Manager") and Merrill...

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