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DONOVAN v. TAYLOR

No. 34765.

136 F.Supp. 552 (1955)

DONOVAN Incorporated, a Minnesota corporation, Leonard C. Hermann and all common stockholders of Western Condensing Company, a California corporation, similarly situated, Plaintiffs, v. Eaton TAYLOR, and Dean Witter & Company, a California co-partnership, Defendants.

United States District Court N. D. California, S. D.

December 22, 1955.

Attorney(s) appearing for the Case

Francis McCarty, San Francisco, Cal., Bundlie, Kelley & Maun, St. Paul, Minn., of counsel, for plaintiffs.

Pillsbury, Madison & Sutro, Maurice D. L. Fuller, John B. Bates, San Francisco, Cal., for defendants.

HARRIS, District Judge.

Plaintiff, a Minnesota corporation, has brought an action for damages under Rule X-10(B) (5) of the Securities Exchange Act, 15 U.S.C.A. § 78aa. Defendants Dean Witter & Company and Eaton Taylor, a partner of Dean Witter & Company, as well as a director of Western Condensing Company, have made several motions, including a motion to dismiss and a motion for summary judgment.

The purported cause of action arises out of a...

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