NORTH AMERICAN UTILITY SECURITIES CORP. v. POSEN


82 F.Supp. 16 (1948)

NORTH AMERICAN UTILITY SECURITIES CORPORATION v. POSEN et al.

United States District Court S. D. New York.

December 13, 1948.


Attorney(s) appearing for the Case

Sullivan & Cromwell, of New York City (Henry N. Ess, III, of New York City, of counsel), for plaintiff.

Irving Steinman, of New York City, for defendants.

Myron S. Isaacs, Special Counsel Division of Public Utilities, Howard S. Guttmann, Walter H. Glass, and Richard Donovan, all of Washington, D. C., for Intervener Securities and Exchange Commission.


HULBERT, District Judge.

Plaintiff moves pursuant to rule 56, Federal Rules of Civil Procedure, 28 U.S.C.A., for summary judgment in this action and a permanent injunction.

Defendants and the intervener move for an order dismissing the complaint pursuant to F.R.C.P. 12(b) (6) and 56, upon the ground that the complaint herein fails to state a claim upon which relief can be granted. The intervener seeks, in the alternative, summary judgment on the ground that...

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