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TODD SHIPYARDS CORP. v. MADISON FUND, INC.

No. 82 Civ. 6108(MP).

547 F.Supp. 1383 (1982)

TODD SHIPYARDS CORPORATION, Plaintiff, v. MADISON FUND, INC., George D. Gould, William B. Breed, Jr., Bernard L. Schwartz, Furman Selz Mager Dietz & Birney, Inc., and Ezra P. Mager, Defendants.

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

October 4, 1982.

Attorney(s) appearing for the Case

Cahill, Gordon & Reindel by Raymond L. Falls, Jr., George Wailand, Joel E. Davidson, Alan Koslow, New York City, for plaintiff.

Paul, Weiss, Rifkind, Wharton & Garrison by Arthur L. Liman, Robert Laufer, Jack Hassid, Frederick Heather, New York City, for defendants Madison Fund, Inc., Gould and Breed.

Willkie, Farr & Gallagher by Anthony F. Phillips, Paula Mueller, Gerald Kerner, New York City, for defendant Schwartz.

Schulte, Roth & Zabel by Irwin J. Sugarman, Aegis J. Frumento, New York City, for defendants Furman Selz Mager.

DECISION AND OPINION

MILTON POLLACK, District Judge.

Plaintiff, Todd Shipyards Corporation ("Todd" hereafter) sues for a permanent injunction to block the defendants Madison Fund, Inc. (the "Fund") and Bernard L. Schwartz from making further purchases of Todd's common stock and for various relief on their present holdings, charging that defendants violated § 13(d) of the Securities Exchange Act of 1934, 15 U.S.C. § 78m(d)(1) [the Williams Act]...

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