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PARNESS v. LIEBLICH

No. 79 Civ. 6828(GLG).

489 F.Supp. 889 (1980)

Milton PARNESS, Plaintiff, v. Daniel Parke LIEBLICH, John R. McDonnell, Simon Gluckman, Norman Brassler, Murray L. Cole, Samuel B. Dobrow, Bernard Mills, Fair Lanes, Inc. and Treadway Companies Inc., Defendants.

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

May 12, 1980.

Attorney(s) appearing for the Case

Stull, Stull & Brody, New York City, for plaintiff; Richard J. Stull, New York City, of counsel.

Battle, Fowler, Jaffin, Pierce & Kheel, New York City, for Lieblich, Gluckman, Brassler, Cole, Dobrow and Treadway Companies, Inc.; Gerald J. Fields, Raymond J. Soffientini, New York City, of counsel.

Guggenheimer & Untermyer, New York City, for defendant Fair Lanes, Inc.; David M. Brodsky, New York City, Marquerite A. Livingston, Brooklyn, N. Y., of counsel.

OPINION

GOETTEL, District Judge:

In this putative class action which arises in the wake of the struggle between incumbent management of Treadway Companies, Inc. ("Treadway") and Care Corporation ("Care") for control of Treadway, the defendants have moved to dismiss.

The facts relevant to this action are contained in this Court's decision of April 16, 1980 in Treadway Companies, Inc. v. Care Corp.,...

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