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MARTH v. INDUSTRIAL INCOMES INCORPORATED OF NORTH AMERICA

No. 67 Civ. 1317.

290 F.Supp. 755 (1968)

Margarethe MARTH and Rosemarie Lippmann, Plaintiffs, v. INDUSTRIAL INCOMES INCORPORATED OF NORTH AMERICA, United States Trust Fund Management Corporation, Industrial Growth Fund of North America, Peter M. Bekeny and Ilona M. Bekeny, Defendants.

United States District Court S. D. New York.

July 31, 1968.

Attorney(s) appearing for the Case

Windels, Merritt & Ingraham, New York City, for plaintiffs.

Wofsey, Certilman & Haft, New York City, for defendants Industrial Incomes Incorporated of North America, United States Trust Fund Management Corp., Peter M. Bekeny and Ilona M. Bekeny; Harvey M. Sklaver, New York City, of counsel.

MANSFIELD, District Judge.

This is a Rule 12(f), F.R.C.P., motion that seeks to strike affirmative defenses.

Plaintiffs, two West German citizens, purchased 5,000 shares of Industrial Incomes Incorporated of North America (Industrial) on or about June 28, 1964. Alleging violations of § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), Rule 10b-5 promulgated thereunder, and state common law fraud, they have tendered their shares and...

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