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ABRAMOWITZ v. POSNER

No. 78 Civ. 3887-CSH.

513 F.Supp. 120 (1981)

Ida ABRAMOWITZ, derivatively as a shareholder of NVF Company, a Delaware corporation, Plaintiff, v. Victor POSNER, Bernard Krakower, Steven Posner, Walter E. Gregg, Gail Posner Cohen and NVF Company, Defendants.

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

March 25, 1981.

Attorney(s) appearing for the Case

Cohn & Lifland, Saddle Brook, N. J., for plaintiff; Peter S. Pearlman and Jeffrey W. Herrmann, Saddle Brook, N. J., of counsel.

Rogers & Wells, New York City, for defendants; William R. Glendon, William S. Greenawalt, Richard A. Cirillo, New York City, of counsel.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

This is a stockholder derivative suit brought on behalf of NVF Company ("NVF"), a Delaware corporation, against five of its directors. Claims are asserted under section 10(b) of the Securities and Exchange Act of 1934 (the "Act"), 15 U.S.C. § 78a et seq. and Rule 10b-5 promulgated thereunder, 17 C.F.R. § 240.10b-5; and under the common law...

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