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POWERS v. BRITISH VITA, P.L.C.

No. 412, Docket 94-7230.

57 F.3d 176 (1995)

Lawrence M. POWERS, Plaintiff-Appellant, v. BRITISH VITA, P.L.C., Rodney H. Sellers, and Francis J. Eaton, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 8, 1995.

Attorney(s) appearing for the Case

Henry P. Wasserstein, Skadden, Arps, Slate, Meagher & Flom, New York City (Robert L. Meyers and Mark A. Berman, of counsel), for plaintiff-appellant.

Susanne M. Toes, Milbank, Tweed, Hadley & McCloy, New York City (Russell E. Brooks, Alisa Odeen, of counsel), for defendant-appellee.

Before NEWMAN, Chief Judge, and WALKER and CALABRESI, Circuit Judges.

WALKER, Circuit Judge:

This action is brought by Lawrence Powers, the former Chief Executive Officer and Chairman of the Board of Spartech Corporation ("Spartech"), against British Vita ("BV"), an investor in Spartech, and two of BV's officers and directors. Powers alleges common law fraud and a violation of civil RICO arising from BV's purchase of shares of Spartech and its assumption of effective control of the company. Powers appeals from an order of the United...

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