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LIST v. FASHION PARK, INC.

227 F.Supp. 906 (1964)

Albert A. LIST, Plaintiff, v. FASHION PARK, INC., et al., Defendants.

United States District Court S. D. New York.

February 13, 1964.

Attorney(s) appearing for the Case

O'Brien, Driscoll & Raftery, New York City, Edward C. Raftery, Arthur F. Driscoll, Milton Rosenbloom, New York City, of counsel, for plaintiff.

Nixon, Hargrave, Devans & Dey, Rochester, N. Y., Frederick W. C. McNabb, Jr., Rochester, N. Y., of counsel, for defendant Fashion Park, Inc., et al.

Leonard I. Schreiber, New York City, for defendant Lerner.

Baer, Marks, Friedman & Berliner, New York City, William E. Friedman, New York City, of counsel, for defendants Hentz and William P. Green.

COOPER, District Judge.

This is an action for damages based upon an alleged violation of the Securities Exchange Act of 1934 and Commission Rule X-10b-5.

Plaintiff List seeks to recover $160,650. He bases his claim on the difference between the price ($18.50) at which he sold 5100 shares of Fashion Park, Inc., stock on November 17, 1960, and the price ($50.00) at which Hat Corporation of America, on December 7, 1960, pursuant to an acquisition agreement, offered...

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