FISK v. SUPERANNUITIES, INC.

No. 95 Civ. 6664 (LAK).

927 F.Supp. 718 (1996)

Averill H. FISK, Plaintiff, v. SUPERANNUITIES, INC., et al., Defendants.

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

June 10, 1996.


Attorney(s) appearing for the Case

Eric Wertheim, Law Offices of Andrew D. Zeif, New York City, for Plaintiff.

Jonathan M. Herman, Bruce A. Schoenberg, Dorsey & Whitney, P.L.L.P., New York City, for Defendants Thomas Wartenberg and David L. Dirks.

A. Joseph Tandet, New York City, for Defendants Raymond L. Dirks and Nolan K. Bushnell.

Arnold S. Schickler, Schickler & Schickler, New York City, for Defendant Lory E. Roston.


OPINION

KAPLAN, District Judge.

Plaintiff purchased 50,000 shares of a start-up company, defendant SuperAnnuities, Inc. ("SuperAnnuities"), for $100,000. SuperAnnuities failed, and plaintiff now seeks damages against it and four of its former directors pursuant to Section 10(b) of the Securities Exchange Act of 1934 (the "Exchange Act"), 15 U.S.C. § 78j(b), and Rule 10b-5 thereunder, 17 C.F.R. § 240.10b-5 (1995), and Section 12(2) of the Securities...

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