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LANZA v. DREXEL & CO.

No. 64 Civ. 3557.

271 F.Supp. 684 (1967)

Frank LANZA, Jr., et al., Plaintiffs, v. DREXEL & CO. et al., Defendants.

United States District Court S. D. New York.

May 23, 1967.

Attorney(s) appearing for the Case

Brennan, London & Buttenwieser, New York City, for plaintiffs.

Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, for defendants Drexel & Co., John Ames Ballard and Bertram D. Coleman.

Emmet, Marvin & Martin, New York City, for defendant Theodore J. Kircher.

Alexander, Ash & Schwartz, New York City, for defendant Jack Friedman.

METZNER, District Judge.

Defendant Kircher has moved pursuant to Fed.R.Civ.P. 38(b) for an order to transfer this case from the nonjury to the jury calendar. Plaintiffs have submitted an affidavit in support of defendant Kircher's motion, and defendants Drexel & Co., John Ames Ballard, Bertram D. Coleman and Jack Friedman have submitted papers in opposition.

This suit is brought under § 10(b) of the Securities Exchange Act of 1934 and rule 10b-5 of...

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