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CHOCK FULL O'NUTS CORP. v. FINKELSTEIN

No. 82 Civ. 6013.

548 F.Supp. 212 (1982)

CHOCK FULL O'NUTS CORPORATION, Plaintiff, v. Jerry FINKELSTEIN, James A. Finkelstein, Steven Bauman, Burton M. Abrams, ABC Industries, Inc., Norman Elowitz, Seymour Cohn, Gladieux Corporation, Lawrence E. Brinn, Robert L. Wechsler and H.J.T. Co., Inc., Defendants.

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

October 6, 1982.

Attorney(s) appearing for the Case

Allen Kezsbom, Jay Wishingrad, Kaye, Scholer, Fierman, Hays & Handler, New York City, for plaintiff.

Jefferey Glekel, Bradley P. Holmes, Skadden, Arps, Slate, Meagher & Flom, New York City, for defendants.

MEMORANDUM AND ORDER

BRIEANT, District Judge.

Plaintiff in this action, filed on September 9, 1982, founded on § 13(d) of the Securities Exchange Act of 1934 (hereinafter "the Act") brings this action in its capacity as issuer of its own publicly traded common stock, against defendants, a group acting together (hereinafter "the Insurgents"), who have recently acquired approximately 16% of plaintiff's common stock in open market purchases. Plaintiff...

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