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KORN v. MERRILL

No. 74 Civ. 1862.

403 F.Supp. 377 (1975)

Monroe KORN, Plaintiff, v. Fred H. MERRILL et al., Defendants.

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

October 31, 1975.

Attorney(s) appearing for the Case

Kaplan, Kilsheimer & Foley, New York City, for plaintiff Monroe Korn.

Winthrop, Stimson, Putnam & Roberts, New York City, for defendants American Express Co., American Express Investment Management Co., and F. A. Liquidating Corp. (formerly The Fund American Companies).

Paul Weiss Rifkind Wharton & Garrison, New York City, for defendants William Wallace Mein, Jr. and George E. Osborne.

Simpson, Thacher & Bartlett, New York City, for defendant American Express Investment Fund, Inc.

OPINION

ROBERT L. CARTER, District Judge.

Plaintiff has instituted this derivative action on behalf of defendant, American Express Investment Fund, which prior to April 27, 1970, was known as the Commonwealth Investment Company. The action was commenced on April 29, 1974, and alleges violations of the Investment Company Act of 1940, 15 U.S. C. § 80a-1 et seq.; the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq.; the Investment Advisers...

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