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WARSHOW v. H. HENTZ & CO.

199 F.Supp. 581 (1961)

Seymour WARSHOW, Plaintiff, v. H. HENTZ & CO., Defendant.

United States District Court S. D. New York.

November 28, 1961.

Attorney(s) appearing for the Case

Baer, Marks, Friedman & Berliner, New York City, for defendant; (William E. Friedman and Stephen F. Selig, New York City, of counsel).

Selig J. Levitan, New York City, for plaintiff.

Peter A. Dammann, Gen. Counsel, Chicago, Securities and Exchange Commission, Washington, D. C., for Securities and Exchange Commission, amicus curiae; (David Ferber, Assoc. Gen. Counsel, Washington, D. C., of counsel).

MacMAHON, District Judge.

Defendant moves to dismiss the complaint, pursuant to Rule 12(b), Federal Rules of Civil Procedure, 28 U.S.C.A., on the ground that it fails to state a claim arising under the laws of the United States. 28 U.S.C.A. § 1331(a). Concededly, there is no diversity of citizenship, but plaintiff asserts that he sues under the Securities Exchange Act of 1934, 15 U.S.C.A. § 78a et seq. The Securities and Exchange Commission, as amicus...

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