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MATTER OF MURRAY ENERGY CORP. v. REORG RESEARCH INC.

No. 157797/16.

2017 NY Slip Op 27036

IN THE MATTER OF THE APPLICATION OF MURRAY ENERGY CORPORATION, Petitioner, FOR AN ORDER PURSUANT TO SECTION 3102 (C) OF THE CIVIL PRACTICE LAW and RULES TO COMPEL PRE-ACTION DISCLOSURE FROM, v. REORG RESEARCH, INC., Respondent.

Supreme Court, New York County.

Decided February 14, 2017.

Attorney(s) appearing for the Case

ROBERT JAMES DENICOLA , PHILIP GOLDSTEIN , MICHAEL JAMES VAN RIPER , JEFFREY J. CHAPMAN of McGuire Woods LLP, 1345 Avenue of The Americas FL 7, New York, NY 10105, for Petitioner.

JOANNA ELIZABETH SUMMERSCALES , Davis Wright Tremaine LLP, 1251 Avenue of the Americas 21st Floor, New York, NY 10020, Phone: 2124898230, MATTHEW M. OLIVER , JAMIE GOTTLIEB FURIA , LOWENSTEIN SANDLER LLP, 65 LIVINGSTON AVE, ROSELAND, NJ 07068, LAURA R. HANDMAN , JAMES E. ROSENFELD , DAVIS WRIGHT TREMAINE LLP, 1251 Avenue of the Americas 21st Floor, New York, NY 10020, Phone: 212-489-8230, for Respondent.

In this special proceeding, petitioner, a large coal company, seeks pre-action disclosure, under CPLR 3102 (c), from an organization that provides information about distressed companies to investors.

BACKGROUND

Recognizing that a free and vibrant press is a bulwark of democracy, New York has long been a strong...

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