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CERES PARTNERS v. GEL ASSOCIATES

No. 89 Civ. 1092 (MP).

714 F.Supp. 679 (1989)

CERES PARTNERS, Plaintiff, v. GEL ASSOCIATES, Gollust, Tierney and Oliver, Coniston Partners, Gollust & Tierney, Inc., Keith R. Gollust, Paul E. Tierney, Jr. and Augustus K. Oliver, Defendants.

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

June 9, 1989.

Attorney(s) appearing for the Case

Bangser & Weiss by Evan L. Gordon, New York City, for plaintiff.

Cleary, Gottlieb, Steen & Hamilton by Richard F. Ziegler, Michael S. Sommer, New York City, for defendants.

OPINION AND ORDER

MILTON POLLACK, Senior District Judge.

This is a motion to dismiss as stale or insufficient a suit for damages based on claims asserted under §§ 14(d), 14(e) and 10(b) of the Securities Exchange Act of 1934 (the 1934 Act). Section 14(d) is a regulatory statute that requires a tender offeror to disclose certain information before going forward with a tender offer. Section 14(e) proscribes making false and misleading statements...

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