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ROTH v. FUND OF FUNDS, LTD.

No. 67 Civ. 2027.

279 F.Supp. 935 (1968)

Ethel ROTH, suing as a stockholder in the name and in behalf of Dreyfus Corporation, Plaintiff, v. The FUND OF FUNDS, LTD., I. O. S., Ltd. (S. A.) doing business as Investors Overseas Services and Dreyfus Corporation, Defendants.

United States District Court S. D. New York.

February 8, 1968.

Attorney(s) appearing for the Case

Pollack, Greenspoon & Singer, New York City, for plaintiff; Daniel A. Pollack, New York City, of counsel.

Willkie, Farr & Gallagher, New York City, for defendants; Vincent R. Fitzpatrick, Kenneth J. Bialkin and Gilbert Sandler, New York City, of counsel.

METZNER, District Judge.

This is a stockholders' derivative suit brought on behalf of Dreyfus Corporation, seeking recovery pursuant to § 16 (b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78p(b). Between September 15, 1966 and March 15, 1967, the defendant, The Fund of Funds, Ltd., owned in excess of 10% of the outstanding shares of the common stock of Dreyfus. Within that six-month period, defendant bought and sold 33,200 shares of the stock, on...

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