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GOLD v. DCL INCORPORATED

No. 72 Civ. 4193.

399 F.Supp. 1123 (1973)

Albert H. GOLD, Plaintiff, v. DCL INCORPORATED et al., Defendants.

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

June 29, 1973.

Attorney(s) appearing for the Case

Silverman & Harnes, New York City, for plaintiff.

Debevoise, Plimpton, Lyons & Gates, New York City, for defendants DCL Incorporated, John Diebold, John J. Graham, Donald C. Cook, Donald J. Donahue, John W. Larsen, Thomas W. Russell, Jr., Paul Vincent, and Ralph E. Weindling.

Cravath, Swaine & Moore, New York City, for defendant Price Waterhouse & Co.

OPINION

FRANKEL, District Judge.

The plaintiff, a lawyer and experienced investor, claims to have been misled by material omissions affecting certain stock purchases so that he lost money rather than winning, as he had hoped to do. In a now common kind of action, he sues for himself and his alleged class under §§ 10(b), 20, and 27 of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78j(b), 78t, and 78aa (1970), and Rule 10b-5, 17 C.F...

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