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EQUITABLE LIFE ASSUR. SOC. v. ARTHUR ANDERSEN & CO.

No. 79 Civ. 4882 (RJW).

655 F.Supp. 1225 (1987)

The EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Plaintiff, v. ARTHUR ANDERSEN & CO., Gerald Lee, Mervyn Silver, Joseph Heilbrun, and Hornblower & Weeks-Hemphill, Noyes, Inc., Defendants.

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

March 16, 1987.

Attorney(s) appearing for the Case

Breed, Abbott & Morgan, New York City, and Wilson & McIlvaine, Chicago, Ill. (Edward J. Ross, James D. Zirin, James J. Sabella, New York City, Charles W. Boand, Chicago, Ill., of counsel), for defendant Arthur Andersen & Co.

Kaye, Scholer, Fierman, Hays & Handler, New York City (Allan M. Pepper, Alan F. Goott, Mark Sanford Epstein, of counsel), for plaintiff.

ROBERT J. WARD, District Judge.

This is an action brought pursuant to § 10(b) of the Securities Exchange Act of 1934 ("1934 Act"), 15 U.S.C. § 78j(b), and Rule 10b-5 promulgated thereunder. Jurisdiction is alleged under § 27 of the 1934 Act, 15 U.S.C. § 78aa, the laws of the State of New York, and principles of pendent jurisdiction. In brief, plaintiff asserts claims of fraudulent misrepresentation under both federal securities law and New York...

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