Miller v. Schweickart

OPINION

EDWARD WEINFELD, District Judge.

Upon the argument of the parties’ respective motions, 1 plaintiffs’ counsel acknowledged there was no basis upon which to oppose the motion of defendant Josephthal & Co. (“Josephthal”) for summary judgment, and accordingly it is granted. The sole issue remaining is whether, in addition to allowable statutory costs, defendant should be granted reasonable counsel fees incurred in defense of this action to be assessed against the plaintiffs, as authorized by section 11(e) of the Securities Act of 1933. 2

The complaint in this derivative and class action…