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TOBIAS v. FIRST CITY NAT. BANK AND TRUST CO.

No. 88 Civ. 2544 (KC).

709 F.Supp. 1266 (1989)

Dr. Hillel TOBIAS and Dr. Wendy Tobias, Plaintiffs, v. FIRST CITY NATIONAL BANK AND TRUST COMPANY, Ajax Energy Partners, Larry K. Nick, Joan Stahl, Mark L. Stahl, and DJ Resources, Inc., Defendants.

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

March 27, 1989.

Attorney(s) appearing for the Case

Shea & Gould, New York City, for plaintiffs; Bertram Parkel, Lynne M. Fishman and Steven Gersten, of counsel.

Winthrop, Stimson, Putnam & Roberts, New York City, for defendant First City Nat. Bank & Trust Co.; Philip LeB. Douglas and Steven R. Schindler, of counsel.

Ballon, Stoll & Itzler, New York City, for defendant Joan Stahl; Richard Weinberger and James Klatsky, of counsel.

OPINION AND ORDER

CONBOY, District Judge:

Plaintiffs, Hillel and Wendy Tobias, bring this action under Sections 12(2) and 17(a)(2) of the Securities Act of 1933 (the "1933 Act"), Section 10(b) of the Securities Exchange Act of 1934 (the "1934 Act") and Rule 10b-5 promulgated thereunder, common law fraud theories and breach of fiduciary duty. This action arises out of plaintiffs' purchase in June of 1986 of one...

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