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ZELL v. INTERCAPITAL INCOME SECURITIES, INC.

Nos. 78-3749, 78-3754.

675 F.2d 1041 (1982)

Paul W. ZELL, Plaintiff-Appellant, v. INTERCAPITAL INCOME SECURITIES, INC., C. Fiumerfreddo, D. Greenwald and R. Long, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 27, 1982.

Attorney(s) appearing for the Case

David B. Gold, San Francisco, Cal., for plaintiff-appellant.

John B. Bates, Michael H. Salinsky, Stephen Stublarec, Pillsbury, Madison & Sutro, San Francisco, Cal., for defendants-appellees.

Before BROWNING, Chief Judge, TRASK, Circuit Judge, and JAMESON, District Judge.

BROWNING, Chief Judge:

Plaintiff, a shareholder in InterCapital Income Securities, Inc. (the Fund), brought this action on behalf of himself and other shareholders charging defendants violated various provisions of federal securities laws, including Section 14(a) of the Securities Exchange Act of 1934 and Rule 14a-9, by failing to disclose material information in two proxy statements. The statements solicited approval by...

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