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LUSTGARTEN v. ALBERT TELLER & CO.

Civ. A. Nos. 68-135, 256.

304 F.Supp. 771 (1969)

Benjamin LUSTGARTEN and Hilda Lustgarten v. ALBERT TELLER & CO., Inc., v. E. L. AARON & CO., Inc. and Dreyfus & Co. Lawrence M. SALLER and Marion Saller, v. ALBERT TELLER & CO., Inc. v. GRACE CANADIAN SECURITIES, INC. and Dreyfus & Co.

United States District Court E. D. Pennsylvania.

July 25, 1969.

Attorney(s) appearing for the Case

Harry O. Boreth, Blank, Rome, Klaus & Comisky, Philadelphia, Pa., for Lustgarten and Saller.

Fred C. Aldridge, Jr., Stradley, Ronon, Stevens & Young, Philadelphia, Pa., for Albert Teller & Co., Inc.

Bruce W. Kauffman, Dilworth, Paxson, Kalish, Kohn & Levy, Philadelphia, Pa., for E. L. Aaron & Co., Inc., et al.

OPINION

HANNUM, District Judge.

These are suits by the plaintiffs charging the defendants with violations of the Securities Act of 1933, the question of law in the two cases are identical, namely selling unregistered securities as prohibited by Section 5 of the Securities Act of 1933 (15 U.S.C. Sec. 77e). Both parties in these suits have moved for summary judgment.

The plaintiffs allege that on May 17, 1967, the defendant through its agent or employee...

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