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BIO-MEDICAL SCIENCES, INC. v. WEINSTEIN

No. 75 Civ. 2571.

407 F.Supp. 970 (1976)

BIO-MEDICAL SCIENCES, INC., Plaintiff, v. Julia WEINSTEIN et al., Defendants.

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

February 18, 1976.

Attorney(s) appearing for the Case

Richard E. Burns, New York City, for plaintiff.

Nickerson, Kramer, Lowenstein, Nessen, Kamin & Soll, New York City, for defendants Julia Weinstein, individually, and Julia Weinstein and Alan F. Doniger as executors, by Geoffrey M. Kalmus, New York City, of counsel.

D'Amato, Costello & Shea, New York City, for Henry H. Wolf and Wolf Popper Ross Wolf & Jones.

MEMORANDUM AND ORDER

WHITMAN KNAPP, District Judge.

In this case we must decide1 whether plaintiff has stated a claim under SEC Rule 10b-5, and are thus called upon to discern the outer reaches of the "judicial oak which has grown from little more than a legislative acorn". Blue Chip Stamps v. Manor Drug Stores (1975), 421 U.S. 723, 737, 95 S.Ct. 1917, 1926, 44 L.Ed.2d 539.

Plaintiff...

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