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LEWIS v. CURTIS

No. 81-2055.

671 F.2d 779 (1982)

Harry LEWIS, Appellant, v. Henry CURTIS, Albert F. Duval, Roger S. Ahlbrandt, Fred Herbolzheimer, Jr., Bernard S. Kubale, William G. Kuhns, Louis H. Roddis, Jr., Charles M. Williams, and Hammermill Paper Company, Appellees.

United States Court of Appeals, Third Circuit.

Decided March 3, 1982.

Attorney(s) appearing for the Case

Michael P. Malakoff (argued), Richard A. Finberg, Berger, Kapetan, Malakoff & Meyers, P. C., Pittsburgh, Pa., Abraham I. Markowitz, New York City, for appellant.

J. Tomlinson Fort (argued), Michael J. Betts, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for appellees Curtis, Duval, Ahlbrandt, Herbolzheimer, Kubale, Kuhns, Roddis, Williams.

John M. Wolford, MacDonald, Illig, Jones & Britton, Erie, Pa., William P. Frank, Robert E. Zimet, Skadden, Arps, Slate, Meagher & Flom, New York City, for appellee Hammermill.

Before SEITZ, Chief Judge, and ALDISERT and ROSENN, Circuit Judges.

OPINION OF THE COURT

SEITZ, Chief Judge.

Plaintiff Harry Lewis appeals from a final order of the district court dismissing his complaint and denying his motion for leave to amend. This court has jurisdiction under 28 U.S.C. § 1291 (1976).

I.

It is undisputed that, in 1980, Carl C. Icahn sought by a proxy contest to obtain a seat on the board of directors of Hammermill Paper Company, a Pennsylvania corporation. Icahn abandoned his contest...

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