Dacey v. Value Line Special Situations Fund, Inc.

TENNEY, District Judge.

Plaintiff Norman F. Dacey (“Dacey”) has moved to dismiss the counterclaim of defendant Arnold Bernhard & Co., Inc. (“AB&Co.”) on the ground that it is barred by the statute of limitations. For the reasons set forth below, the motion is granted.

The relevant facts are as follows: On or about February 11, 1969, Dacey brought suit under the securities laws against Value Line Special Situations Fund, Inc., AB&Co., officers and directors of each, the accountant O. L. Walter & Company and others (69 Civ. 536). On or about April 11, 1969, Dacey’s suit was consolidated with a…