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WOLGIN v. STATE MUT. INVESTORS

Civ. A. No. 77-1887.

442 F.Supp. 974 (1977)

J. L. WOLGIN, on behalf of himself and others similarly situated, and derivatively, on behalf of State Mutual Investors, a Massachusetts unincorporated association, Plaintiff, v. STATE MUTUAL INVESTORS, State Mutual Life Assurance Company of America, the America Group Management Corp., W. Douglas Bell, Trustee, Francis H. Dewey, III, Trustee, Frederick Fedeli, Trustee, Michael Greenebaum, Trustee, Jacob Hiatt, Trustee, Bartow Kelly, Trustee, Thomas R. Mulroy, Trustee, Stewart F. Oakes, Trustee, James T. Wilcox, Trustee, Frederick Fedeli, Executor of the Estate of Richard H. Wilson, Deceased, Trustee, and John E. Sawyer, Trustee, Defendants.

United States District Court, E. D. Pennsylvania.

September 30, 1977.

Attorney(s) appearing for the Case

David Berger, Philadelphia, Pa., for plaintiff.

Otis W. Erisman, and Nicholas E. Chimicles, Philadelphia, Pa., for State Mutual, The America Group, W. Douglas Bell, Roland A. Erickson, Frederick Fedeli, individually and as Executor of Estate of Richard H. Wilson, and James T. Wilcox.

Lewis H. Van Dusen, Jr., Philadelphia, Pa., for State Mut. Investors, Francis H. Dewey, III, Michael Greenebaum, Jacob Hiatt, Bartow Kelly, Thomas R. Mulroy, Stewart F. Oakes, and John E. Sawyer.

OPINION

DITTER, District Judge.

This case is currently before me in the form of a motion to remand to the state court. Plaintiff originally brought suit in the Pennsylvania Court of Common Pleas for Philadelphia County seeking both injunctive relief and money damages for breach of fiduciary duties and for violations of the Pennsylvania Securities Act of 1972, 70 P.S. §§ 1-101 et seq. Defendants removed the action to this court and the plaintiff...

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