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NICKELS v. KOEHLER MANAGEMENT CORPORATION

No. C 74-309.

392 F.Supp. 804 (1975)

NICKELS, Charles and Nickels, Margaret on behalf of themselves and all other shareholders of Koehler Management Corp., Plaintiffs, v. KOEHLER MANAGEMENT CORPORATION et al., Defendants.

United States District Court, N. D. Ohio, W. D.

March 27, 1975.

Attorney(s) appearing for the Case

Dennis E. Murray, Sandusky, Ohio, for plaintiffs.

Stanley Goodman, Cincinnati, Ohio, Eugene N. Balk, Maumee, Ohio, Robert B. Gosline, Shumaker, Loop & Kendrick, Louis J. Hattner, Spengler, Nathanson, Heyman, McCarthy & Durfee, Robert W. Rowley, Toledo, Ohio, for defendants.

OPINION AND ORDER

WALINSKI, District Judge:

This cause is before the Court upon a motion by all defendants to dismiss the case pursuant to Rule 12(b) (6), Federal Rules of Civil Procedure, on the grounds that the suit is barred by the appropriate statute of limitations. All concerned have briefed the matter.

This is a suit under the Securities Exchange Act of 1934 [hereinafter the Exchange Act], 15 U.S.C., § 78a et seq. in which a right to relief...

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