Opinion
No. 34, Docket 73-2617.
Argued January 9, 1975.
Decided January 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.
Appeal by Lazar from denial by Edward Weinfeld, Judge, of his cross-claim pursuant to Fed.R.Civ.P. 13(g), for damages against his codefendants in an S.E.C. enforcement action.
Before KAUFMAN, Chief Judge, and SMITH and TIMBERS, Circuit Judges.
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 affirm on his opinion, 60 F.R.D. 640 (S.D.N.Y. 1973).