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STRATTON GROUP, LTD. v. SPRAYREGEN

No. 76 Civ. 373 (KTD).

458 F.Supp. 1216 (1978)

The STRATTON GROUP, LTD., Plaintiff, v. Gerald SPRAYREGEN, Herman Sprayregen, and Seymour Sprayregen, Defendants-Third-Party Plaintiffs, v. MARSHALL, BRATTER, GREENE, ALLISON & TUCKER, Third-Party Defendants.

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

October 31, 1978.

Attorney(s) appearing for the Case

Orans, Elsen, Polstein & Naftalis, New York City, for The Stratton Group, Ltd.; Jerome T. Orans, Gary H. Greenberg, New York City, of counsel.

Aaron, Aaron, Schimberg & Hess, Chicago, Ill., for defendants Sprayregen; Joel J. Sprayregen, Chicago, Ill., of counsel.

Schwenke & Devine, New York City, for defendants Sprayregen; Michael C. Devine, New York City, local counsel.

Donovan, Leisure, Newton & Irvine, New York City, for third-party defendants; James A. Magee, Robert J. Siverd, New York City, of counsel.

OPINION

KEVIN THOMAS DUFFY, District Judge.

This is an action brought by the Stratton Group, Ltd., [hereinafter referred to as "Stratton"], against three officers and/or directors thereof, alleging violations of Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and Rule 10b-5 promulgated thereunder, as well as claims of common law fraud, breach of fiduciary duty and breach of contract.

The facts relevant to this opinion...

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