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MATAS v. SIESS

No. 76 Civ. 3255 (CBM).

467 F.Supp. 217 (1979)

David MATAS, Plaintiff, v. Charles P. SIESS, Jr., Glen A. Nelle, W. E. McDowell, E. H. Bailey, John Doe, Richard Roe and Michael Moe (the names John Doe, Richard Roe and Michael Moe are fictitious, the true names being unknown to the plaintiff), and Apco Oil Corporation, Defendants.

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

January 19, 1979.

Attorney(s) appearing for the Case

Garwin & Bronzaft by Bertram Bronzaft, New York City, for plaintiff.

Fried, Frank, Harris, Shriver & Jacobson by Marc P. Cherno, New York City, for defendants Siess, Nelle, and McDowell.

Cahill, Gordon & Reindel by Thomas F. Curnin, New York City, for defendant Apco Oil Corp.

Memorandum Opinion on Defendants' Motion to Dismiss

MOTLEY, District Judge.

I. FACTS

This action under Section 16(b) of the Securities Exchange Act of 19341 raising difficult issues of application of that statute is before the court on the motion of defendants Siess, Nelle, and McDowell, joined in by defendant Apco Oil Corporation, pursuant to Rule 12(b)(6), Fed.R.Civ.P., to dismiss the complaint for failure...

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