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RUSZKOWSKI v. HUGH JOHNSON & CO.

Civ. No. 10337.

302 F.Supp. 1371 (1969)

Halina E. RUSZKOWSKI, as Executrix of the Estate of Jerzy T. Ruszkowski, Plaintiff, v. HUGH JOHNSON & CO., Inc., Reynolds & Co., Inc. and Reynolds & Co., Defendants.

United States District Court W. D. New York.

July 18, 1969.

Attorney(s) appearing for the Case

Gross, Shuman & Wiltse, Buffalo, N. Y. (Irving M. Shuman, Buffalo, N. Y., of counsel), for plaintiff.

Lesher, Howitt & Jenkins, Buffalo, N. Y. (Robert S. Lesher, Buffalo, N. Y., of counsel), for defendant Hugh Johnson & Co., Inc.

Townsend & Lewis, New York City (Eliot H. Lumbard, New York City, of counsel), for defendant Reynolds & Co.

CURTIN, District Judge.

In this action tried to the court without a jury, plaintiff seeks recision of the purchase of ten (10) convertible bonds of Tenax, Inc. having a face value of $1,000 apiece. Plaintiff seeks to recover the purchase price of these bonds, including interest and expenses, totalling $5,910.28.

Plaintiff relies upon Section 12(2) of the Securities Act of 1933 (15 U.S.C. § 77l), Section 10(b) of the Exchange Act of 1934 (15 U.S...

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