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CNW CORP. v. JAPONICA PARTNERS, L.P.

No. 89-3258.

874 F.2d 193 (1989)

CNW CORPORATION v. JAPONICA PARTNERS, L.P., P.B. Kazarian, Ltd., Paul B. Kazarian, M.G. Lederman, Ltd., Michael Lederman, Phoenix Partners, L.P., Botanic Partners, L.P., Pigeon Investors, L.P., Raven Partners, L.P., and Bates Partners, L.P.

United States Court of Appeals, Third Circuit.

Decided May 17, 1989.

Attorney(s) appearing for the Case

Thomas C. Grimm, Kenneth J. Nachbar, Morris, Nichols, Arsht & Tunnell, Wilmington, Del., Harold C. Hirshman (argued), Robert B. Millner, Stuart Altschuler, Katharine B. Devoid, Sonnenschein Carlin Nath & Rosenthal, Chicago, Ill., for appellant CNW Corp.

Barry L. Katz (argued), Joseph Giovanniello, Jr., Jodi Levine Avergun, Shereff, Friedman, Hoffman & Goodman, New York City, for appellees.

Before GIBBONS, Chief Judge, STAPLETON and WEIS, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

This appeal arises out of a campaign by the appellee-defendants to elect their slate of candidates to CNW Corporation's (CNW) board at the annual shareholders meeting on May 16, 1989. CNW, resisting appellees' attempt, sought preliminary and permanent injunctive relief in the district court, claiming that appellees' Schedule 13D and 14B filings violated §§ 13(d) and 14(a) of the Securities Exchange...

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