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WEINBERGER v. KENDRICK

No. 75 Civ. 4870.

432 F.Supp. 316 (1977)

William B. WEINBERGER, Plaintiff, v. James G. KENDRICK et al., Defendants.

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

January 24, 1977.

Attorney(s) appearing for the Case

Wolf, Popper, Ross, Wolf & Jones by Donald N. Ruby, Lester L. Levy, New York City, for plaintiff.

Cleary, Gottlieb, Steen & Hamilton by Edmund H. Kerr, Richard D. Weiss, New York City, for certain individual defendants.

Davis, Polk & Wardwell by Philip C. Potter, Jr., Dale L. Matschullat, Henry H. Korn, New York City, for defendant Morgan Guaranty Trust Co.

Dewey, Ballantine, Bushby, Palmer & Wood by Edward N. Sherry, Weaver H. Gaines, Jr., Raymond F. Brown, New York City, for defendant Ernst & Ernst.

OPINION AND ORDER

KEVIN THOMAS DUFFY, District Judge.

A shareholder of W.T. Grant Co. has commenced an action against the company, the officers and directors of the company ("individual defendants"), its accountants, Ernst & Ernst, and the trustee of its 4¾% Sinking Fund Debentures, Morgan Guaranty Trust Company of New York ("Morgan Guaranty") alleging violation of section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), Rule...

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