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MITTENDORF v. J. R. WILLISTON & BEANE INCORPORATED

No. 73 Civ. 3286 (MP).

372 F.Supp. 821 (1974)

Alfred D. MITTENDORF, Jr., Plaintiff, v. J. R. WILLISTON & BEANE INCORPORATED et al., Defendants.

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

March 11, 1974.

Attorney(s) appearing for the Case

Casey, Lane & Mittendorf, New York City, for plaintiff; by Preben Jensen, Charles M. Pratt, John T. Morin, New York City.

Shea, Gould, Climenko & Kramer, New York City, for defendant J. R. Williston & Beane, Inc., by Martin I. Shelton, New York City.

Sullivan & Cromwell, New York City, for defendant Alpheus C. Beane, by William R. Norfolk, New York City.

Colton, Weissberg, Hartnick & Yamin, New York City, for defendant Marvin D. Kantor; by Alan J. Hartnick, New York City.

Baer & Marks, New York City, for defendants Frederick S. Todman & Co. and Frederick S. Todman; by George H. Colin, Gerald S. Maltz, New York City.

OPINION

POLLACK, District Judge.

This claim is made under Section 10(b) of the Securities Exchange Act of 1934, as amended, 15 U.S.C. § 78j(b), and Rule 10b-5 of the Rules promulgated thereunder, 17 C.F.R. § 240.10b-5. Common law allegations are added as claims pendent to the federal question jurisdiction.

I.

The plaintiff instituted this suit on July 26, 1973, seeking damages from the defendants in respect to a subordinated loan...

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