Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

MARTH v. INDUSTRIAL INCOMES

June 13, 1967

Margarethe Marth and Rosemarie Lippmann, Plaintiff,
v.
Industrial Incomes Incorporated of North America, et al., Defendants


Wyatt, District Judge.


The opinion of the court was delivered by: WYATT

WYATT, District Judge:

This is a motion by defendants (other than Industrial Growth Fund of North America) for the following relief

 a. for summary judgment in their favor (Fed. R. Civ. P. 56) or, in the alternative,

 
b. for a stay of the prosecution of the action pending arbitration, and
 
c. for a vacatur of a warrant of attachment ordered to be issued by Judge Herlands on April 3, 1967, or in the alternative,
 
d. increasing the amount of the undertaking on the attachment to $50,000 from the $5,000 as ordered by Judge Herlands, and
 
e. requiring plaintiffs to post security for costs.

 The action was commenced on April 3, 1967.

 The complaint has two claims, the first under federal law and the second under state law. The averments of the two claims are the same and for present purposes the second may be disregarded.

 Plaintiffs aver that they are citizens of West Germany and reside in Hamburg. It appears that plaintiffs are mother and daughter, plaintiff Marth being mother of plaintiff Lippmann.

 The complaint sets out the following as averments.

 Defendants Industrial Incomes Incorporated of North America (Industrial) is a New York corporation engaged, among other things, in underwriting and distributing securities.

 Defendant United States Trust Fund Management Corporation (Trust) is a Panama corporation, with offices in New York, and manages mutual fund portfolios. It is a wholly owned subsidiary of Industrial.

 Defendant Industrial Growth Fund of North America (Growth) is a Delaware corporation, authorized to do business in New York, organized as an open-end ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.