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GORDON v. FUNDAMENTAL INVESTORS, INC.

No. 72 Civ. 2943.

362 F.Supp. 41 (1973)

Joseph GORDON, Plaintiff, v. FUNDAMENTAL INVESTORS, INC., et al., Defendants.

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

June 7, 1973.

Attorney(s) appearing for the Case

Shatzin & Cooper, New York City, for plaintiff; by Edward Labaton, New York City, of counsel.

Pollack & Singer, New York City, for all defendants except Fundamental Investors, Inc.; by Daniel A. Pollack, Martin I. Kaminsky, New York City, of counsel.

Seward & Kissel, New York City, for defendant Fundamental Investors, Inc.; by Eugene P. Souther, New York City, of counsel.

GURFEIN, District Judge.

This is a motion to dismiss a class action complaint, pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted, on the ground that the plaintiff lacks standing to assert the claim alleged, since the claim belongs to Fundamental Investors, Inc. ("Fundamental"). Fundamental is an open-end mutual fund. It is registered as an investment company under the 1940 Act. 15 U.S.C. §§ 80a — 1 et...

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