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STELLA v. KAISER

87 F.Supp. 525 (1949)

STELLA v. KAISER et al.

United States District Court S. D. New York.

June 10, 1949.

Attorney(s) appearing for the Case

Lewis M. Dabney, Jr., Anderson & Carew, John A. Anderson and Isidore H. Cohen, New York City, for plaintiff.

Willkie, Owen, Farr, Gallagher & Walton, Mark F. Hughes, New York City, for defendant Kaiser Frazer.

Corbin, Bennett & Delehanty, Harold H. Corbin and Francis B. Delehanty, New York City, for defendants Henry J. Kaiser et al.

RIFKIND, District Judge.

Judge Leibell has already ruled, Stella v. Kaiser, D.C.S.D.N.Y.1948, 82 F.Supp. 301, that the complaint states a claim under § 9 (e) of the Securities Exchange Act of 1934, 15 U.S.C.A. § 78i(e), sufficient to withstand a motion to dismiss for lack of jurisdiction and insufficiency.

Plaintiff's present attempt to divorce § 9(e) from § 9(a) and to base his claim on the latter...

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