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WEINBERGER v. KENDRICK

No. 75 Civ. 4870.

451 F.Supp. 79 (1978)

William B. WEINBERGER, Robert Smith, Stein Family Foundation, Inc. and Edith Citron, Plaintiffs, v. James C. KENDRICK, Harry E. Pierson, A. Richard Butler, Robert H. Anderson, John E. Sundman, Richard M. Scarlata, Joseph W. Chinn, Jr., Raymond H. Fogler, Joseph Hinsey, John D. Gray, Dewitt Peterkin, Jr., Louis Lustenberger, Charles Phillips, Asa T. Spaulding, C. W. Spangle, E. Robert Kinsey, Richard W. Mayer, Morgan Guaranty Trust Company of New York, Individually and as Agent for a Group of Twenty-Seven Lending Banks described herein, Chase Manhattan Bank, N.A., Citibank N.A., the Bank of New York, Bankers Trust Company, Chemical Bank, Irving Trust Company, Marine Midland Bank, Sanwa Bank Ltd., Manufacturers Hanover Trust Company, Ernst & Ernst and W. T. Grant Co., Defendants.

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

April 4, 1978.

Attorney(s) appearing for the Case

Wolf, Popper, Ross, Wolf & Jones, New York City, for plaintiffs by Lester L. Levy, Marian R. Probst, New York City, of counsel.

Dewey, Ballantine, Bushby, Palmer & Wood, New York City, for defendant Ernst & Ernst by Edward N. Sherry, Weaver H. Gaines, Jr., Douglas A. Fisher, New York City, of counsel.

OPINION AND ORDER

KEVIN THOMAS DUFFY, District Judge.

By opinion and order dated January 24, 1977, I granted the motions of defendants Morgan Guaranty Trust Company of New York, Ernst & Ernst, and the officers and directors of W. T. Grant Company, also a defendant herein, to dismiss this shareholders' complaint, alleging violations of Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), Rule 106-5 promulgated thereunder and...

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