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COPELAND v. EMROY INVESTORS, LTD.

No. BK 70-94.

436 F.Supp. 510 (1977)

In the Matter of Lammot duPont Copeland, Jr., Debtor. Lammot duPont COPELAND, Jr., Debtor-in-Possession, Plaintiff, v. EMROY INVESTORS, LTD., et al., Defendants.

United States District Court, D. Delaware.

On Rehearing September 9, 1977.

Attorney(s) appearing for the Case

E. Norman Veasey, Robert H. Richards, III, and Richard G. Elliott, Jr., of Richards, Layton & Finger, Wilmington, Del., for debtor-plaintiff.

Aubrey B. Lank and Steven D. Goldberg of Theisen, Lank & Mulford, Wilmington, Del., of counsel, Barry H. Singer of Lowenthal, Freedman, Landau, Fischer & Singer, P.C., New York City, for defendants.

OPINION

MURRAY M. SCHWARTZ, District Judge.

This matter presents an interface of the Federal Bankruptcy Act with the federal securities law; raising the unassuming yet vexing question of whether claims in a private damages action brought pursuant to Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b); Rule 10b-5, 17 C.F.R. § 240.10b-5, promulgated thereunder; and New York General Business Law § 352-c (McKinney 1968), are...

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