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LYDON v. ESTATE OF WINSTON

No. 88 Civ. 5662 (KTD).

715 F.Supp. 600 (1989)

Thomas W. LYDON, individually and on behalf of all persons similarly situated, Plaintiff, v. ESTATE OF Irwin WINSTON, Marc Winston, Paul Winston, Sidney Horn, and John Doe I through X, Defendants.

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

July 11, 1989.

Attorney(s) appearing for the Case

Wolf Haldenstein Adler Freeman & Herz, New York City, Sachnoff Weaver & Rubenstein, Ltd., Chicago, Ill., for plaintiff; Fred Taylor Isquith, New York City, Lowell E. Sachnoff, Charles R. Watkins, Chicago, of counsel.

Goodkind, Wechsler, Labaton & Rudoff, New York City, for defendants; Edward Labaton, Martiss V. Anderson, Fredric S. Eisenberg, of counsel.

MEMORANDUM & ORDER

KEVIN THOMAS DUFFY, District Judge:

Defendants Estate of Irwin Winston, Marc Winston, Paul Winston, and Sidney Horn (jointly "Winston Group") move pursuant to Fed.R.Civ.P. 9(b) and 12(b)(6) to dismiss the complaint. Plaintiff Thomas W. Lydon opposes the motion.

BACKGROUND

This action arises out of a "squeeze-out" merger carried out by the Winston Group in August 1985 between Winston Network,

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