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NEW YORK CITY EMP. RET. SYS. v. DOLE FOOD CO.

No. 1787, Docket 92-7478.

969 F.2d 1430 (1992)

NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM, Plaintiff-Appellee, v. DOLE FOOD COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 22, 1992.

Attorney(s) appearing for the Case

Martin Glenn, New York City (Andrew J. Frackman, O'Melveny & Myers, of counsel), for defendant-appellant Dole Food Co., Inc.

Linda H. Young, New York City (O. Peter Sherwood, Corp. Counsel of the City of New York, Pamela Seider Dolgow, of counsel), for plaintiff-appellee New York City Employees' Retirement System.

William M. Tartikoff, General Counsel, Bethesda, Md. (Beth-Ann Roth, Associate Gen. Counsel, Calvert Group, Ltd., of counsel), for amici curiae Calvert Social Inv. Fund and United Broth. of Carpenters.

Before: MINER and WALKER, Circuit Judges, and POLLACK, District Judge.

MINER, Circuit Judge:

Defendant-appellant Dole Food Company, Inc. appeals from an order entered on April 24, 1992 in the United States District Court for the Southern District of New York (Conboy, J.) granting motion by plaintiff-appellee New York City Employees' Retirement System ("NYCERS") for a preliminary injunction. The injunction required Dole, pursuant to Securities and Exchange Commission ("SEC") Rule 14a-8(a), 17 C.F.R. § 240.14a-8(a), to include in...

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