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VERREY v. ELLSWORTH

No. 69 Civ. 604.

303 F.Supp. 497 (1969)

Nelly VERREY, Plaintiff, v. Donald W. ELLSWORTH et al., Defendants.

United States District Court S. D. New York.

July 30, 1969.

Attorney(s) appearing for the Case

Cowan, Liebowitz & Latman, New York City, for plaintiff.

Debevoise, Plimpton, Lyons & Gates, New York City, J. Asa Rountree, Robert L. King, New York City, of counsel, for defendants Ellsworth, Dunn, Myrer, Hyde, Auchincloss and Axe Securities Corp.

Townley, Updike, Carter & Rodgers, New York City, Stuart Updike, Richard J. Barnes, New York City, of counsel, for defendants Lund, Powell and Steele.

MEMORANDUM

TENNEY, District Judge.

This is a motion by defendants, pursuant to Rules 9(a), 11, 12(f) and 41(b) of the Federal Rules of Civil Procedure, for an order striking the complaint herein and dismissing the cause of action.

Plaintiff claims to be a stockholder of the Axe Science Corporation (hereinafter referred to as "Science"), an open-end investment company of the management type registered with the Securities and Exchange Commission pursuant...

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