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EAGLE v. HORVATH

241 F.Supp. 345 (1965)

Sidney EAGLE, Plaintiff, v. George A. HORVATH et al., Defendants.

United States District Court S. D. New York.

March 1, 1965.

Attorney(s) appearing for the Case

Louis Kipnis, New York City, for plaintiff.

Ballon, Stoll & Shyman, New York City, for defendants George A. Horvath, Ernest V. Horvath, Samuel Rubin, Buckeye Corp. and Massachusetts Mohair Plush Co., Inc.; Donald A. Jelinek, New York City, of counsel.

Rosenman, Colin, Kaye, Petschek & Freund, New York City, for defendants Charles H. Penneys and Samuel R. Penter.1

METZNER, District Judge.

Defendants move pursuant to F.R. Civ.P. 12(b) to dismiss the complaint for lack of jurisdiction over the subject matter.1

Without going into detail, plaintiff's complaint alleges that he is seeking relief for violations of sections 10 and 14 of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78j, 78n). The complaint is not quite clear as to whether it alleges a representative or derivative claim...

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