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PENN MART REALTY COMPANY v. BECKER

No. 68 Civ. 3460.

300 F.Supp. 731 (1969)

PENN MART REALTY COMPANY, a corporation of the Commonwealth of Pennsylvania, Plaintiff, v. Isadore A. BECKER et al., Defendants.

United States District Court S. D. New York.

June 9, 1969.

Attorney(s) appearing for the Case

Wolf, Popper, Ross, Wolf & Jones, New York City, Cohen, Morris & Rosenthal, Wilmington, Del., of counsel, by Irving Morris, and J. A. Rosenthal, Wilmington, Del., for plaintiff.

Donovan, Leisure, Newton & Irvine, by Samuel W. Murphy, Jr., New York City, for defendant Investors Diversified Services, Inc.

OPINION

TYLER, District Judge.

Plaintiff Penn Mart Realty Co. ("Penn Mart") sues derivatively for the benefit of Glen Alden Corporation ("Glen Alden") under Section 10(b) of the Securities Act of 1934, 15 U.S.C. § 78j(b), and Rule 10b-5, 17 C.F.R. 240.10b-5, promulgated thereunder.1 The defendants are Investors Variable Payment Fund, Inc. ("Variable"), an open-end diversified investment company; Investors Diversified Services...

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