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GAF CORPORATION v. MILSTEIN

No. 70 Civ. 5502.

324 F.Supp. 1062 (1971)

GAF CORPORATION, Plaintiff, v. Paul MILSTEIN, Seymour Milstein, Gloria Milstein Flanzer and Morris Milstein, Defendants.

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

March 22, 1971.

Attorney(s) appearing for the Case

Winthrop, Stimson, Putnam & Roberts, New York City, for plaintiff by Edwin J. Wesely, and Richard A. Horgan, New York City, of counsel.

Stroock & Stroock & Lavan, New York City, for defendants; Louis Loss, Cambridge, Mass., David Sher, David Lubart, Charles G. Moerdler, Gerald D. Fischer, Stephen Block, New York City, of counsel.

POLLACK, District Judge.

The defendants have moved for a dismissal of the complaint pursuant to Fed. R.Civ.P. 12(b) (6)1 on the ground that the first and second counts set forth in the complaint fail to state a claim upon which relief can be granted.

The two counts in the complaint respectively charge that the defendants constitute a group in violation of Sections 13(d) and 10(b) of the Securities and Exchange Act of 1934, as amended...

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