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MORGAN STANLEY & CO. v. ARCHER DANIELS MIDLAND CO.

No. 83 Civ. 5113.

570 F.Supp. 1529 (1983)

MORGAN STANLEY & CO., INCORPORATED, Plaintiff, v. ARCHER DANIELS MIDLAND COMPANY, Defendant.

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

On Motion for Summary Judgment August 19, 1983.

Attorney(s) appearing for the Case

Cravath, Swaine & Moore, New York City, Paul M. Dodyk, Catherine Flickinger, Frank Barron, Ann Verdon, New York City, for plaintiff.

Dewey, Ballantine, Bushby, Palmer & Wood, New York City, Robert C. Myers, John M. Friedman, Jr., Michael D. DiGiancomo, Saul P. Morgenstern, New York City, for defendant.

OPINION

SAND, District Judge.

This action, together with 83-5601 and 83-5604, arises out of the planned redemption of $125 million in 16% Sinking Fund Debentures ("the Debentures") by the defendant ADM Midland Company ("ADM") scheduled to take place on Monday, August 1st, 1983. Morgan Stanley & Company, Inc. ("Morgan Stanley") brings this suit under § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j, § 17(a) of the Securities...

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