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H. L. GREEN COMPANY v. CHILDREE

185 F.Supp. 95 (1960)

H. L. GREEN COMPANY, Inc., Plaintiff, v. Lewie F. CHILDREE, Homer E. Kerlin and James R. Lawrence, individually and as co-partners doing business under the firm name and style of Lewie F. Childree & Company, and Herschel Harris, Defendants.

United States District Court S. D. New York.

June 3, 1960.

Attorney(s) appearing for the Case

Milbank, Tweed, Hope & Hadley, New York City, Janet P. Kane, New York City, of counsel, for plaintiff.

Tompkins & Lauren, New York City, Herbert Edelhertz, New York City, and Willis C. Darby, of counsel, for defendants Lewie F. Childree, Homer E. Kerlin, and James R. Lawrence.

HERLANDS, District Judge.

This is an action for damages under Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C.A. § 78j(b). Plaintiff is a corporation which issued its stock in exchange for the stock of another corporation. Defendants are certified public accountants who, according to the complaint, knowingly prepared false financial statements and made other misrepresentations with intent to induce plaintiff to enter into the merger.

Defendants...

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