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STRATTON GROUP, LTD. v. SPRAYREGEN

No. 76 Civ. 373 (KTD).

466 F.Supp. 1180 (1979)

The STRATTON GROUP, LTD., Plaintiff, v. Gerald SPRAYREGEN, Herman Sprayregen and Seymour Sprayregen, Defendants. Gerald SPRAYREGEN, Herman Sprayregen and Seymour Sprayregen, Defendants-Third-Party Plaintiffs, v. MARSHALL, BRATTER, GREENE, ALLISON & TUCKER, Milton Hausen, Laventhol Horwath Accountants, f/k/a Laventhol, Krekstein, Horwath and Horwath, Moe Bordwin, Stanley Gruber, Lawrence N. Hurwitz, and David Cohen, Third-Party Defendants.

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

February 12, 1979.

Attorney(s) appearing for the Case

Aaron, Aaron, Schimberg & Hess, Chicago, Ill., for defendants-third-party plaintiffs Gerald, Herman and Seymour Sprayregen; Joel J. Sprayregen, Chicago, Ill., of counsel.

D'Amato & Lynch, New York City, for third-party defendant Laventhol; Robert E. Meshel, New York City, of counsel.

Newman & Schlau, New York City, for third-party defendant Moe Bordwin; Gerald L. Popovsky, New York City, of counsel.

Thomas J. Troiano, Bayville, N.Y., for third-party defendant Milton Hausen.

Donovan, Leisure, Newton & Irvine, New York City, for third-party defendants Marshall, Bratter, Greene, Allison & Tucker; James A. Magee, New York City, of counsel.

Goldschmidt, Fredericks, Levinson & Oshatz, New York City, for third-party defendant Stanley Gruber.

OPINION

KEVIN THOMAS DUFFY, District Judge:

This action was originally brought by the Stratton Group Ltd., [hereinafter referred to as "Stratton"] against Gerald, Herman and Seymour Sprayregen, three officers and/or directors thereof, [hereinafter collectively referred to as "the Sprayregens"] alleging violations of Section 10(b) of the Securities Act of 1934, 15 U.S.C. § 78j(b), and Rule 10b-5 promulgated thereunder, as well as claims of common law...

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