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ACLI GOVERNMENT SECURITIES, INC. v. RHOADES

No. 81 Civ. 2555(MEL).

813 F.Supp. 255 (1993)

ACLI GOVERNMENT SECURITIES, INC., Plaintiff, v. Daniel RHOADES and Milton Braten, Defendants. ACLI GOVERNMENT SECURITIES, INC., now known as Fuji Securities, Inc., Petitioner, v. Daniel RHOADES, Milton Braten, Lewis Henkind, and Holly Ventures, a purported partnership, Respondents.

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

February 17, 1993.

Attorney(s) appearing for the Case

Curtis, Mallet-Prevost, Colt & Mosle, New York City, for plaintiff-petitioner; Eliot Lauer, Jacques Semmelman, Daniel R. Lenihan, of counsel.

Daniel Rhoades, pro se.

Holtzman, Wise & Shepard, New York City, for respondent Lewis Henkind.

Kenyon & Lusk, Anderson, SC, for defendant-respondent Milton Braten; Karl L. Kenyon, of counsel.

LASKER, District Judge.

ACLI Government Securities, Inc., now known as Fuji Securities, Inc. ("ACLI"), moves for a judgment pursuant to Fed. R.Civ.P. 37 and 69(a) and CPLR 411 and 3017(b), declaring that an entity named "Holly Ventures," a purported partnership among the respondents Daniel Rhoades, Milton Braten and Lewis Henkind, is not a partnership, and for an Order directing the sale at public auction of each of the...

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