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GROW CHEMICAL CORP. v. URAN

No. 70 Civ. 1190.

316 F.Supp. 891 (1970)

GROW CHEMICAL CORP., Plaintiff, v. Irwin Wayne URAN, Defendant.

United States District Court, S. D. New York.

June 15, 1970.

Attorney(s) appearing for the Case

Lord, Day & Lord, New York City, for plaintiff; John W. Castles III, and Roger C. Ravel, New York City, of counsel.

Darrigo & Mauriello, Newburgh, N. Y., for defendant; Andrew M. Mauriello, Newburgh, N. Y., of counsel.

METZNER, District Judge:

Defendant moves to dismiss the complaint for lack of jurisdiction of the subject matter and for failure to state a claim.

The complaint alleges a claim of violation of §§ 13(d) and 16(a) of the Securities Exchange Act of 1934 and the rules promulgated thereunder by the SEC, 15 U.S.C. §§ 78m and 78p. In January and February of 1969 the plaintiff acquired 13% of the outstanding stock of Guardsman Chemical Coatings...

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