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TULLY v. MOTT SUPERMARKETS, INC.

Civ. A. No. 835-71.

337 F.Supp. 834 (1972)

John TULLY et al., Plaintiffs, v. MOTT SUPERMARKETS, INC., et al., Defendants.

United States District Court, D. New Jersey.

February 2, 1972.

Attorney(s) appearing for the Case

Robinson, Wayne & Greenberg, by Donald A. Robinson, Robert A. Wayne, W. Hunt Dumont, Newark, N. J., for plaintiffs.

Riker, Danzig, Scherer & Brown, by Everett M. Scherer, Newark, N. J., Wilentz, Goldman & Spitzer by Frederick K. Becker, Perth Amboy, N. J., for director-defendants.

Hughes, McElroy, Connell, Foley & Geiser by Adrian M. Foley, Jr., Kenneth F. Kunzman, Newark, N. J., for stockholder-defendants.

OPINION

WHIPPLE, District Judge:

This matter is before the Court pursuant to what I have styled to be plaintiffs' application for a preliminary injunction. The complaint alleges an illegal and secret conspiracy to usurp voting control of Wakefern Corporation. Plaintiffs predicate their right to relief upon the Federal Securities laws,1 particularly Rule 10b-5, 17 C.F.R. 240.10b-5...

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