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CAMBRIDGE FUND, INC. v. ABELLA

No. 75 Civ. 3474 (CES).

501 F.Supp. 598 (1980)

The CAMBRIDGE FUND, INC., Plaintiff, v. Frank J. ABELLA, Jr., Robert Fredricks, University Capital Corporation and University Management Corp., Defendants.

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

As Amended August 19, 1980.

Attorney(s) appearing for the Case

Reavis & McGrath, New York City by David C. Birdoff, Joseph P. Zammit, and James C. Sweeney, New York City, for plaintiff.

Putney, Twombly, Hall & Hirson, New York City by Donald Stuart Bab, New York City, for defendants Frank J. Abella, Jr., University Capital Corporation, and University Management Corp.

Kane, Kessler, Proujansky, Preiss & Nurnberg, P.C., New York City by Albert N. Proujansky, New York City, for defendant Robert Fredricks.

OPINION

STEWART, District Judge:

The action was tried to this court, without a jury, on nine trial days, commencing July 23, 1979 and ending August 17, 1979. This opinion constitutes our findings of fact and conclusions of law.

I. PLAINTIFF'S CLAIMS

Plaintiff, the Cambridge Fund, Inc. [the "Fund"], seeks in Counts One and Five of its complaint to recover from defendants Frank J. Abella, Jr., University Management Corporation ["Management...

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