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BLATT v. DEAN WITTER REYNOLDS INTERCAPITAL, INC.

No. 79 Civ. 5489 (MEL).

528 F.Supp. 1152 (1982)

Irwin B. BLATT and Esther Blatt, Plaintiffs, v. DEAN WITTER REYNOLDS INTERCAPITAL INC., Dean Witter Reynolds Organization Inc., and InterCapital Liquid Asset Fund, Inc., Defendants.

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

January 7, 1982.

Attorney(s) appearing for the Case

Pomerantz, Levy, Haudek & Block, New York City, for plaintiffs; Abraham L. Pomerantz, Stanley M. Grossman, Stephen P. Hoffman, New York City, of counsel.

Sullivan & Cromwell, New York City, for defendants Dean Witter Reynolds InterCapital Inc. and Dean Witter Reynolds Organization Inc.; Marvin Schwartz, Robin A. Goldman, New York City, of counsel.

Gordon, Hurwitz, Butowsky, Baker, Weitzen, Shalov & Needell, New York City, for defendant InterCapital Liquid Asset Fund Inc.; David Butowsky, Paul Wexler, New York City, of counsel.

LASKER, District Judge.

This is an action by shareholders of InterCapital Liquid Asset Fund Inc. (the "Fund") to recover for the Fund allegedly excessive advisory fees paid to Dean Witter Reynolds InterCapital Inc. ("the Adviser"). The suit is brought under the Investment Company Act of 1940, as amended, 15 U.S.C. § 80a-1 et seq. (the "Act").

Defendants move pursuant to Fed.R. Civ.Pr. 12(c) to dismiss the complaint on the ground that plaintiffs...

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