SCHLESINGER INV. PARTNERSHIP v. FLUOR CORP.

No. 283, Docket 81-7482.

671 F.2d 739 (1982)

SCHLESINGER INVESTMENT PARTNERSHIP, Plaintiff-Appellant, v. FLUOR CORPORATION and Fluor Acquisition Corporation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 2, 1982.


Attorney(s) appearing for the Case

Stuart D. Wechsler, New York City (Kass, Goodkind, Wechsler & Labaton, Edward Labaton, Robert I. Harwood, New York City, of counsel), for plaintiff-appellant.

Edmund H. Kerr, New York City (Cleary, Gottlieb, Steen & Hamilton, Jonathan I. Blackman, New York City, of counsel), for defendants-appellees.

Cohen & Shapera, Chicago, Ill., amicus curiae for Trustees Herbert D. Mendel and Edwin J. Mendel.

Before FEINBERG, Chief Judge, and LUMBARD and MANSFIELD, Circuit Judges.


FEINBERG, Chief Judge:

Schlesinger Investment Partnership (Schlesinger) appeals from a judgment of the United States District Court for the Southern District of New York, Mary J. Lowe, J., dismissing its complaint under §§ 14(d) and (e) of the Securities Exchange Act of 1934, 15 U.S.C. § 78n (the Williams Act),1 for failure to state a claim upon which relief can be granted. The judgment was entered on May 29, 1981...

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