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MINTZ v. ALLEN

No. 65 Civ. 3814.

254 F.Supp. 1012 (1966)

Carl MINTZ and Shirley Mintz, Plaintiffs, v. Leon B. ALLEN, William E. Beaver, Edmund T. Delaney, Kenneth S. Landauer, Ellis D. Slater, Leon B. Allen, Charles W. Gillen, Charles A. Wright, and William E. Beaver, individually and as Copartners, doing business as Gillen & Company and Leon B. Allen Fund, Inc., Defendants.

United States District Court S. D. New York.

June 14, 1966.

Attorney(s) appearing for the Case

Abraham I. Markowitz, New York City, for plaintiffs.

Palmer, Serles, Delaney, Shaw & Pomeroy, New York City, for defendants.

OPINION

EDELSTEIN, District Judge.

This is a shareholders derivative action against the defendant mutual fund and its directors and investment advisers pursuant to the Investment Company Act of 1940. Plaintiffs also seek recovery for alleged violations of state law and common law fiduciary duties. The jurisdiction of the state and common law claims is asserted as pendent to the Investment Company Act claims.

Petitioner (the mutual fund defendant...

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