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PLY-GEM INDUSTRIES, INC. v. GREEN

No. 715, Docket 73-2151.

503 F.2d 1362 (1974)

PLY-GEM INDUSTRIES, INC., Plaintiff-Appellant, v. Bernard A. GREEN, as Executor of the Estate of John J. Albert, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 9, 1974.

Attorney(s) appearing for the Case

Thomas W. Hill, Jr., New York City (Spear & Hill, New York City, on the brief), for plaintiff-appellant.

Edward Brodsky, New York City (Edwin L. Schwartz and Goldstein, Shames & Hyde, New York City, on the brief), for defendants-appellees.

Before HAYS and TIMBERS, Circuit Judges, and DAVIS, Judge.

TIMBERS, Circuit Judge:

On this appeal from a judgment entered July 12, 1973 after a bench trial in the Southern District of New York, Edmund L. Palmieri, District Judge, (1) which dismissed a complaint in an action brought to recover damages for alleged violations of Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b) (1970), and Rule 10b-5 promulgated under the 1934 Act, 17 C.F.R. § 240.10b-5 (1973), and related pendent state claims...

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