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LEWIS v. BYRNES

No. 81 Civ. 2372-CSH.

538 F.Supp. 1221 (1982)

Harry LEWIS, Plaintiff, v. Robert F. BYRNES, et al., Defendants.

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

May 21, 1982.

Attorney(s) appearing for the Case

Garwin, Bronzaft & Gerstein, New York City, for plaintiff; Bertram Bronzaft, New York City, of counsel.

Olshan, Grundman & Frome, New York City, for defendant Korman; David Parker, New York City, of counsel.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

Plaintiff, a shareholder of defendant Horn & Hardart Company ("H&H") brings this derivative action asserting that H&H, various of its directors and officers, and several others violated § 14 and § 10 of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78n and 78j [1976]). Plaintiff alleges that defendants, through the means of a false and misleading proxy statement issued...

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