INDEX FUND, INC. v. HAGOPIAN

No. 73 Civ. 2665 (CHT).

609 F.Supp. 499 (1985)

INDEX FUND, INC., Plaintiff, v. Robert R. HAGOPIAN, John Peter Galanis, Akiyoshi Yamada, Takara Partners, Louise Yamada, Louise Yamada, Inc., Armstrong Investors S.A., Armstrong Capital S.A., Pericles Constantinou, Provident Securities, Inc., First National City Trust Company (Bahamas) Ltd., First National City Bank, Defendants.

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

February 6, 1985.


Attorney(s) appearing for the Case

Charles E. McGuinness, New York City, for plaintiff.

Shearman & Sterling, New York City, for defendants Citibank, N.A., and Cititrust (Bahamas) Ltd.; Werner L. Polak, New York City, of counsel.


OPINION

TENNEY, District Judge.

The plaintiff, Index Fund, Inc. ("Index Fund"), began this action in 1973 against various parties including First National City Trust Company (Bahamas) Limited ("Cititrust") and First National City Bank ("Citibank"). The plaintiff alleges that Cititrust and Citibank violated the federal securities laws and common law principles of fraud and fiduciary duty by causing the plaintiff to purchase stocks that were

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