CONNELL v. BERNSTEIN-MACAULAY, INC.

No. 72 Civ. 3272.

407 F.Supp. 420 (1976)

Lester CONNELL et al., Plaintiffs, v. BERNSTEIN-MACAULAY, INC., et al., Defendants. UNITED STATES STEEL and Carnegie Pension Fund, Inc., et al., Plaintiffs, v. Henry ORENSTEIN et al., Defendants.

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

January 26, 1976.


Attorney(s) appearing for the Case

Jack Last, New York City, for plaintiffs Connell, et al.

Willkie, Farr & Gallagher, New York City, for defendants Shearson Hayden Stone, Inc., Bernstein-Macaulay, Inc., Roger S. Berlind, and Sanford I. Weill; by Louis A. Craco, Kenneth J. Bialkin, L. Robert Griffin, Stephen Greiner, Thomas C. O'Keefe, Anthony F. Phillips, New York City, of counsel.

Breed, Abbott & Morgan, New York City, for plaintiffs United States Steel and Carnegie Pension Fund Inc., et al.; by Robert A. Bicks, Joseph P. Dailey, New York City, of counsel.

Keane & Butler, New York City, for defendant Henry Orenstein.

Shearman & Sterling, New York City, for defendant First National City Bank; by W. Foster Wollen, New York City, of counsel.

Fulton, Walter & Duncombe, New York City, for defendant Peter L. Bernstein; by George Rowe, Jr., Michael J. Gaynor, New York City, of counsel.

Davis, Polk & Wardwell, New York City, for defendant Arthur Young & Co.; by Robert B. Fiske, Jr., Nicholas Weiskopf, Ogden N. Lewis, New York City, of counsel.

Sipser, Weinstock, Harper & Dorn, New York City, for William J. Taylor, et al.; by Donald E. Klein, New York City, of counsel.

Mordecai Rosenfeld, New York City, for 65 Security Plan Pension Fund.


MEMORANDUM AND ORDER

WHITMAN KNAPP, District Judge.

In these securities cases plaintiffs (including United States Steel and Carnegie Pension Fund, Inc. — here referred to as the Fund) seek recovery under the 1933 and 1934 Acts for damages claimed to have been sustained as a result of their purchase of securities of the Topper Corporation ("Topper"), a company which subsequently went bankrupt. The defendants include various persons (here collectively...

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