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SCHONFELD v. HILLIARD

Docket No. 99-7852.

218 F.3d 164 (2000)

Reese SCHONFELD, individually and derivatively as shareholder of International News Network, Inc., Plaintiff-Counter-Defendant-Appellant, v. Russ HILLIARD, Les Hilliard and International News Network, Inc., Defendants-Counter-Claimants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 5, 2000.

Attorney(s) appearing for the Case

Bruce E. Fader, Proskauer Rose LLP, New York, NY (David A. Picon and Amy S. Park, of counsel), for Plaintiff-Appellant.

William G. Dittrick, Baird, Holm, McEachen, Pedersen, Hamann and Strasheim, Omaha, Neb. (Jill Robb Ackerman and D. Nick Caporale, of counsel, Gary Greenberg, Orans, Elsen & Lupert, New York, NY, of counsel), for Defendants-Counter-Claimants-Appellees Russ Hilliard and International News Network, Inc.

James P. Murphy, Murphy, Kirkpatrick & Fain, PLLP, Billings, Mont. (Allen P. Rosiny, New York, NY, of counsel), for Defendant-Counter-Claimant-Appellee Les Hilliard.

Before: McLAUGHLIN, SACK and KATZMANN, Circuit Judges.

McLAUGHLIN, Circuit Judge:

BACKGROUND

This case involves a closely-held cable television corporation that imploded just as it was about to launch its flagship channel. In 1988, brothers Russ and Les Hilliard formed International News Network, Inc. ("INN") to distribute a British news and information channel in the United States (the "Channel"). Prior to this ambitious venture, the Hilliard brothers owned small mid-western cable television companies with...

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