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PINNACLE CONSULTANTS, LTD. v. LEUCADIA NAT. CORP.

No. 163, Docket 96-7089.

101 F.3d 900 (1996)

PINNACLE CONSULTANTS, LTD., in its own behalf and on behalf of shareholders of Leucadia National Corporation, Plaintiff-Appellant, v. LEUCADIA NATIONAL CORPORATION; Ian M. Cumming; Joseph S. Steinberg; Paul M. Dougan; Lawrence D. Glaubinger; Melvin L. Hirsch; James E. Jordan, Jr.; John W. Jordan, II and Jesse Clyde Nichols, III, individually and as Officers and Directors of Leucadia National Corporation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 10, 1996.

Attorney(s) appearing for the Case

Lester J. Tanner, New York City (Sharman T. Propp, Tanner, Propp & Farber, New York City, of counsel), for Plaintiff-Appellant.

Dennis J. Block, New York City (Miranda S. Schiller, Jason M. Halper, Weil, Gotshal & Manges LLP, New York City, Richard Cashman, Pavelic & Levites, New York City, of counsel), for Defendants-Appellees.

Before: FEINBERG, MINER, and PARKER, Circuit Judges.

MINER, Circuit Judge:

Plaintiff-appellant Pinnacle Consultants, Ltd. ("Pinnacle") appeals from a judgment entered in the United States District Court for the Southern District of New York (Sotomayor, J.) dismissing its complaint for failure to state a claim and for lack of subject matter jurisdiction. In its complaint, Pinnacle alleged violations of § 14(a) of the Securities Exchange Act of 1934 (the "Exchange Act"), 15 U.S.C. § 78n(a), and the Racketeer...

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