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MADISON FUND, INC. v. CHARTER CO.

No. 73 Civ. 2633 (WCC).

427 F.Supp. 597 (1977)

MADISON FUND, INC., Plaintiff, v. The CHARTER COMPANY, Defendant.

United States District Court, S. D. New York.

Supplemental Opinion March 3, 1977.

Attorney(s) appearing for the Case

Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., for plaintiff; Tyson W. Coughlin, Matthew M. Strickler, Philadelphia, Pa., of counsel.

Cleary, Gottlieb, Steen & Hamilton, New York City, for defendant; George Weisz, Victor I. Lewkow, New York City, of counsel.

OPINION

CONNER, District Judge.

On June 12, 1969, plaintiff Madison Fund, Inc., (Madison) and defendant The Charter Company (Charter) consummated a private-placement agreement for the purchase/sale of unregistered Charter common stock. By unhappy irony, the fourth anniversary of that event was immediately followed by Madison's institution of this action for breach of contract and common-law fraud.1

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