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RATTNER v. LEHMAN

98 F.Supp. 1009 (1951)

RATTNER v. LEHMAN et al.

United States District Court S. D. New York.

June 27, 1951.

Attorney(s) appearing for the Case

Morris J. Levy, New York City, for plaintiff.

Sullivan & Cromwell, New York City (Eustace Seligman and Inzer B. Wyatt, New York City, of counsel), for defendants Lehman Brothers and Hertz.

Simpson Thacher & Bartlett, New York City, for Consolidated Vultee Aircraft Corp.

Roger S. Foster, General Counsel, and Myer Feldman, Washington, D. C., for Securities and Exchange Commission, amicus curiae.

S. H. KAUFMAN, District Judge.

Defendant John D. Hertz moves, and plaintiff cross moves, for summary judgment. Defendant Robert Lehman and other members of the partnership, Lehman Brothers, move for an order dismissing the complaint for failure to state a claim upon which relief can be granted.

This action is based upon Section 16(b) of the Securities Exchange Act of 1934,1 15 U.S.C...

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