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FERRAIOLI v. CANTOR

No. 65 Civ. 1546.

281 F.Supp. 354 (1967)

Anthony FERRAIOLI, Plaintiff, v. Hyman B. CANTOR, Hy C. Corp., Denison Mines, Ltd., Goldfield Corp. and General Baking Company, Defendants.

United States District Court S. D. New York.

On Reargument February 15, 1968.

Attorney(s) appearing for the Case

Wolf, Popper, Ross, Wolf & Jones, New York City, for plaintiff; Donald N. Ruby, New York City, of counsel.

Nixon, Mudge, Rose, Guthrie, Alexander & Mitchell, New York City, for defendant Denison Mines, Ltd.

Lovejoy, Wasson, Lundgren & Ashton, New York City, for defendants The Goldfield Corporation and General Baking Co.; Winslow M. Lovejoy, Martin R. Lee, New York City, of counsel.

MEMORANDUM

BONSAL, District Judge.

Defendants Denison Mines, Ltd. (Denison), Goldfield Corp. (Goldfield), and General Baking Company (General Baking) move for summary judgment pursuant to Rule 56, F.R.Civ.P., dismissing plaintiff's amended complaint. Defendants' motions are denied.

Plaintiff's amended complaint alleges violations of Section 10(b) of the Securities Exchange Act of 1934 (the Act) (15 U.S.C. § 78j(b)) and Rule 10b-5 (17 C.F.R....

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