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VIACOM INTERN. INC. v. ICAHN

86 Civ. 4215 (RPP).

747 F.Supp. 205 (1990)

VIACOM INTERNATIONAL INC., Plaintiff, v. Carl C. ICAHN, Icahn Holding Corporation, Icahn Capital Corporation, Heron Investors Plan Inc., ACF Industries, Incorporated, Unicorn Associates Corporation, GNU Corp., Excalibur Partners, Health Investors Limited Partnership, Longview Investors Limited Partnership, Harmonious Associates Limited Partnership and Stork Associates Limited Partnership, Defendants and Third-Party Plaintiffs, v. Ralph M. BARUCH, Terrence A. Elkes, Kenneth F. Gorman, John W. Goddard, Leo Cherne, Joseph F. Condon, Theordore C. Jackson, Allan R. Johnson, Paul A. Norton, Harry M. Plotkin, Nancy C. Reynolds and John F. White, Third-Party Defendants.

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

September 14, 1990.

Attorney(s) appearing for the Case

Lowey, Dannenberg, Bemporad, Brachtl & Selinger, P.C., Stephen Lowey, Wolf, Popper, Ross, Wolf & Jones, Lester L. Levy, Goodkind, Labaton & Rudoff, New York City, for plaintiff.

Weil, Gotshal & Manges, Dennis J. Block, New York City, for defendants and third-party plaintiffs.

Sherman & Sterling, Dennis P. Orr, New York City, for third-party defendants.

OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

This is a motion by defendants for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) or for summary judgment pursuant to Federal Rule of Civil Procedure 56.

Background

On May 15, 1986 the defendants filed a Schedule 13D with the Securities and Exchange Commission stating that by the close of business on May 9, 1986, defendant Carl C. Icahn ("Icahn), along...

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