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FOGEL v. CHESTNUTT

No. 67 Civ. 60.

296 F.Supp. 530 (1969)

Rosalind FOGEL and Gerald Fogel, Plaintiffs, v. George A. CHESTNUTT, Jr., et al., Defendants.

United States District Court S. D. New York.

February 19, 1969.

Attorney(s) appearing for the Case

Pomerantz, Levy, Haudek & Block, New York City, for plaintiffs; Abraham L. Pomerantz, Richard M. Meyer, Daniel W. Krasner, New York City, of counsel.

Willkie, Farr & Gallagher, New York City, for defendant I.O.S., Ltd. (S.A.); Allan F. Conwill, Howard S. Klotz, New York City, of counsel.

O'Connor & Farber, New York City, for defendants American Investors Corporation, George A. Chestnutt, Jr., and Warren K. Greene.

Carro, Spanbock & Londin, New York City, for defendant Jesup & Lamont.

Royall, Koegel, Rogers & Wells, New York City, for defendant American Investors Fund, Inc.

EDWARD WEINFELD, District Judge.

The defendant I.O.S., Ltd. (I.O.S.) moves for summary judgment dismissing this derivative stockholders' action brought on behalf of American Investors Fund, Inc. (the Fund) under the Investment Company Act of 1940, 15 U.S.C. sections 80a-1 et seq. (the Act). I.O.S. contends that with respect to three issues, which constitute the hard core of plaintiffs' claims, there is no genuine issue...

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