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PHILLIPS v. KIDDER, PEABODY & CO.

No. 87 Civ. 4936 (SWK).

782 F.Supp. 854 (1991)

Robert D. PHILLIPS, individually and on behalf of other shareholders of Computer Depot, Inc., similarly situated, Plaintiff, v. KIDDER, PEABODY & CO., Defendant.

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

December 13, 1991.

Attorney(s) appearing for the Case

Schoengold & Sporn, P.C. by Samuel P. Sporn, New York City, for plaintiff.

Howard, Darby & Levin by Linda C. Goldstein and Philip K. Howard, New York City, for defendant.

MEMORANDUM OPINION AND ORDER

KRAM, District Judge.

In this action, plaintiff Robert D. Phillips ("Phillips" or "Mr. Phillips"), on behalf of a putative class of shareholders,1 alleges that Kidder, Peabody & Co. ("Kidder") violated the federal securities laws and committed common law fraud in connection with a public offering of stock in Computer Depot, Inc. ("CDI"). Kidder has moved for summary judgment pursuant to Rule 56...

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