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KIDDER PEABODY & CO., INC. v. UNIGESTION INTERN.

No. 94 Civ. 3241 (RWS).

903 F.Supp. 479 (1995)

KIDDER PEABODY & COMPANY, INCORPORATED, Plaintiff, v. UNIGESTION INTERNATIONAL, LTD., Defendant and Third-Party Plaintiff, v. ASKIN CAPITAL MANAGEMENT, L.P., David Jaffrey Askin, and Dashstar Corporation, Third-Party Defendants.

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

September 28, 1995.

Attorney(s) appearing for the Case

Cleary, Gottlieb, Steen & Hamilton, New York City (Mitchell A. Lowenthal, Luigi L. De Ghenghi, Bernadette Miragliotta, of counsel), for Plaintiff.

Morvillo, Abramowitz, Grand, Iason & Silberberg, P.C., New York City (Michael C. Silberberg, Diana D. Parker, Emily Maranjian, of counsel), for Defendant and Third-Party Plaintiff.

Shereff, Friedman, Hoffman & Goodman, New York City (David S. Hoffner, of counsel), for Third-Party Defendants.

OPINION

SWEET, District Judge.

In this action, the complaint of plaintiff Kidder Peabody & Co., Inc. ("Kidder"), seeks damages for breach of contract, and Defendant Unigestion International, Ltd. ("Unigestion") has counterclaimed for: (i) fraud; and (ii) violations of § 12(2) of the Securities Act of 1933 (the "Securities Act"); (iii) Section 15(c)(3) of the Securities Exchange Act of 1934 (the "Exchange Act") and rule 15c3-3(b)(4)(i) promulgated...

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