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WOLFSON v. BLUMBERG

229 F.Supp. 191 (1964)

Djalma L. WOLFSON, Plaintiff, v. Morris BLUMBERG, Defendant.

United States District Court S. D. New York.

May 6, 1964.

Attorney(s) appearing for the Case

Stull & Stull, New York City, for plaintiff; Richard J. Stull, New York City, of counsel.

Mermelstein, Burns & Lesser, New York City, for defendant; Jay D. Fischer and David J. Weinstein, New York City, of counsel.

METZNER, District Judge.

Defendant moves pursuant to F.R.C.P. 12(b) (1) for an order dismissing the second and third causes of action on the ground that the court lacks subject matter jurisdiction.

The first cause of action alleges that the defendant was the owner of stock in Irving Air Chute Co. Inc., a corporation listed on the American Stock Exchange, and that he manipulated the market price of this stock in...

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