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  • Securities and Exchange Commission v. General Host Corporation, Seymour M. Lazar, 508 F.2d 1332, 2d Cir. (1975)

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    The United States Court of Appeals for the Second Circuit affirmed a lower court's ruling regarding Rule 13(g) of the Federal Rules of Civil Procedure in a case between the Securities and Exchange Commission and General Host Corporation. The appellate court agreed with the district court's interpretation of Rule 13(g) based on considerations from a prior Second Circuit decision. Seymour M. Lazar, who was a defendant in the lower court case, appealed the ruling to the Second Circuit, which affirmed the district court's opinion.

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    Filed: 1975-01-10 Precedential Status: Precedential Citations: 508 F.2d 1332 Docket: 73-2617

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    The United States Court of Appeals for the Second Circuit affirmed a lower court's ruling regarding Rule 13(g) of the Federal Rules of Civil Procedure in a case between the Securities and Exchange Commission and General Host Corporation. The appellate court agreed with the district court's interpretation of Rule 13(g) based on considerations from a prior Second Circuit decision. Seymour M. Lazar, who was a defendant in the lower court case, appealed the ruling to the Second Circuit, which affirmed the district court's opinion.

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    Securities and Exchange Commission v. General Host Corporation, Seymour M. Lazar, 508 F.2d 1332, 2d Cir. (1975)

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    The United States Court of Appeals for the Second Circuit affirmed a lower court's ruling regarding Rule 13(g) of the Federal Rules of Civil Procedure in a case between the Securities and Exchange Commission and General Host Corporation. The appellate court agreed with the district court's interpretation of Rule 13(g) based on considerations from a prior Second Circuit decision. Seymour M. Lazar, who was a defendant in the lower court case, appealed the ruling to the Second Circuit, which affirmed the district court's opinion.

    Copyright:

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    of 1

    508 F.

    2d 1332

    SECURITIES AND EXCHANGE COMMISSION, PlaintiffAppellee,


    v.
    GENERAL HOST CORPORATION et al., Defendants,
    Seymour M.
    Lazar, Appellant.
    No. 34, Docket 73-2617.

    United States Court of Appeals, Second Circuit.


    Argued Jan. 9, 1975.
    Decided Jan. 10, 1975.

    Paul C. Warnke, Washington, D.C. (George Rowe, Jr., New York City, on
    the brief), for appellant.
    Paul Gonson, Asst. Gen. Counsel, securities and Exchange Commission
    (Lawrence E. Nerheim, David Ferber, and Thomas L. Taylor III,
    Securities and Exchange Commission, on the brief), for plaintiff-appellee.
    Before KAUFMAN, Chief Judge, and SMITH and TIMBERS, Circuit
    Judges.
    PER CURIAM:

    We believe that Judge Weinfeld correctly interpreted rule 13(g) of the Federal
    Rules of Civil Procedure in light of the considerations expressed in our decision
    in SEC v. Everest Management Corp., 475 F.2d 1236 (2d Cir. 1972).
    Accordingly, we affrim on his opinion, 60 F.R.D. 640 (S.D.N.Y.1973).

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