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ICN PHARMACEUTICALS, INC. v. KHAN

1905, Docket 93-7480.

2 F.3d 484 (1993)

ICN PHARMACEUTICALS, INC. and Viratek, Inc., Plaintiffs-Appellees, v. Rafi KHAN, Defendant-Appellant. Rafi KHAN, Counter-Complainant, v. ICN PHARMACEUTICALS, INC., a Delaware Corporation; Milan Panic, an individual; Roberts A. Smith, Ph.D., an individual; Adam Jerney, an individual; Norman Barker, Jr., an individual; Robert Finch, an individual; Birch E. Bayh, an individual and Richard Starr, an individual, Counterclaim-Defendants.

United States Court of Appeals, Second Circuit.

Decided August 25, 1993.

Attorney(s) appearing for the Case

Michael Lesch, New York City (Robert J. Hasday, David S. Tannenbaum, Stephen Lew, Regina L. LaPolla, Shea & Gould, of counsel), for defendant-appellant.

Arnold I. Burns, New York City (Charles S. Sims, Eric R. Levine, Daniel A. Seff, Eric C. Rosenbaum, Mitchell C. Shelowitz, Proskauer Rose Goetz & Mendelsohn, of counsel), for plaintiffs-appellees.

Before: CARDAMONE and MAHONEY, Circuit Judges, and PARKER, District Judge.

MAHONEY, Circuit Judge:

Defendant-appellant Rafi Khan appeals from a preliminary injunction entered May 20, 1993 in the United States District Court for the Southern District of New York, John E. Sprizzo, Judge, that: (1) barred Khan from proceeding with his effort to replace the board of directors of plaintiff-appellee ICN Pharmaceuticals, Inc. ("ICN") by consent solicitation or any other means; although it (2) allowed Khan to file consent solicitation materials...

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