[12443]
August 2, 2000
TO: BOARD OF GOVERNORS No. 46-00
RE: INSTITUTE FILES MOTION TO DISMISS ROHRBAUGH ACTION
As we previously informed you, a lawsuit was filed against the Institute on May 31,
2000.* On July 28th, the Institute filed a Motion to Dismiss and a Memorandum of Law in
Support of the Motion in this matter. In its Memorandum, the Institute argued that the
complaint should be dismissed because it fails to state a claim under either Section 17 or Section
36(b) of the Investment Company Act of 1940.
Copies of the Motion and Memorandum are attached. Plaintiffs’ opposition brief is due
on September 8, 2000.
Craig S. Tyle
General Counsel
Attachments
Attachment (in .pdf format)
* Rohrbaugh v. Investment Company Institute, Civil Action No. 1:00CV01237-EGS (D.D.C., May 31, 2000); see
Memorandum to Board of Governors No. 31-00, dated June 7, 2000.