Court of Appeals for the Second Circuit May 5, 1965, 410, Docket 29444 (Theodore Hafner v. Forest Laboratories, Inc., Hans Lowey and Bonded Laboratories, Inc.)

LUMBARD, Chief Judge:

Theodore Hafner appeals from a judgment on the pleadings in favor of the defendant, Forest Laboratories, Inc., in an action brought in the Southern District of New York. Hafner’s complaint purports to state a cause of action for rescission and damages under § 10 (b) of the Securities Exchange Act of 1934, 15 U.S.C.