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BRASCAN LTD. v. EDPER EQUITIES LTD.

No. 79 Civ. 2288 (PNL).

477 F.Supp. 773 (1979)

BRASCAN LIMITED, Brascan Holdings Inc., and Brascan U. S. A. Inc., Plaintiffs, v. EDPER EQUITIES LTD., Peter Bronfman, Edward Bronfman, J. Trevor Eyton, Edper Investments Ltd., Patino, N. V., Balfour Securities Co., John Does and Richard Roes, Defendants.

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

Revised June 7, 1979.

Attorney(s) appearing for the Case

Simpson, Thacher & Bartlett, New York City, for plaintiffs; Roy L. Reardon, New York City, of counsel.

Cahill, Gordon & Reindel, New York City, for defendants Edper Equities Ltd., Peter Bronfman, J. Trevor Eyton and Edper Investments Ltd.; Raymond L. Falls, Jr., New York City, of counsel.

Chadbourne, Parke, Whiteside & Wolff, New York City, for defendant Patino; Donald I. Strauber, New York City, of counsel.

Securities and Exchange Commission as Amicus Curiae, John Huber, Washington, D. C.

GENERAL NARRATIVE

LEVAL, District Judge.

Brascan Ltd. ("Brascan") is a Canadian publicly held company whose 26,100,000 common shares are held by some 50,000 stockholders and are traded on the Toronto, Montreal, London and American Stock Exchanges.

In late 1978 Brascan announced the sale of its principal subsidiary, an electric utility in Brazil, for $380 million (U.S.) cash. Shortly thereafter Edper Investments Ltd. ("Edper Investments"), a privately...

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