Legal Opinion

Index Fund, Inc. v. Hagopian

District Court, S.D. New York

Decided June 30, 1976No. 73 Civ. 2665 (CHT)PublishedCited by 40 opinions

1Opinion of the Court

MEMORANDUM

TENNEY, District Judge.

This is a motion pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure on behalf of two of the third-party defendants, Frank P. Adams (“Adams”) and Ralph S. Henry (“Henry”), for dismissal of the third-party complaint on the ground that said complaint fails to state a claim upon which relief can be granted.

Essentially, the complaint alleges a broad-based scheme to defraud the plaintiff with respect to the purchase by plaintiff of worthless securities from a newly organized “off-shore” mutual fund composed of several of the individual defendants in…

2Cases cited28 opinions

  1. Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
  2. Flast v. CohenSupreme Court of the United States · 1968
  3. Association of Data Processing Service Organizations, Inc. v. CampSupreme Court of the United States · 1970
  4. Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
  5. Birnbaum v. Newport Steel Corp.Court of Appeals for the Second Circuit · 1952

23 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Huddleston v. Herman & MacLeanCourt of Appeals for the Fifth Circuit · 1981
  2. National Union Fire Insurance v. DeloachDistrict Court, S.D. New York · 1989
  3. Stratton Group, Ltd. v. SprayregenDistrict Court, S.D. New York · 1979
  4. Kenneth Leventhal & Co. v. Joyner Wholesale Co.Court of Appeals for the Second Circuit · 1984
  5. LNC Investments, Inc. v. First Fidelity Bank, National Ass'nDistrict Court, S.D. New York · 1996

35 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API