OPINION
PETTINE, Chief Judge.
On rebound from the failure of its tender offer to defendant Nicholson's shareholders, plaintiff comes into this Court seeking damages for alleged misrepresentations made by Nicholson to its shareholders in fighting that tender offer. Plaintiff alleges that Nicholson and its directors have violated Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j as amended; Rule 10b-5 of the Securities Exchange Commission...
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