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BARTHE v. RIZZO

No. 73 Civ. 1014. (WCC)

384 F.Supp. 1063 (1974)

Ray BARTHE, Plaintiff, v. Alfred C. RIZZO et al., Defendants.

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

July 26, 1974.

Attorney(s) appearing for the Case

Julien & Schlesinger, P. C., New York City, for plaintiff; Jesse Alan Epstein, New York City, of counsel.

H. Elliot Wales, New York City, for defendant Rizzo.

Wohl, Lipton, Loewe, Stettner, Becker & Krim, New York City, for defendant Kern Securities Corporation; Leonard H. Krim, New York City, of counsel.

OPINION AND ORDER

CONNER, District Judge:

Plaintiff commenced this action pursuant to Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and Rule 10b-5 promulgated thereunder, 17 C.F.R. § 240.10b-5, to recover a $100,000 investment. This action was tried without a jury and accordingly this opinion constitutes findings of facts and conclusions of law pursuant to Rule 52, F.R.Civ.P.

I.

The testimony adduced...

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