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IN RE CANANDAIGUA SECURITIES LITIGATION

Nos. 95 Civ. 9633(MP), 95 Civ. 9729(MP) and 95 Civ. 10262(MP).

944 F.Supp. 1202 (1996)

In re CANANDAIGUA SECURITIES LITIGATION. Nona VENTRY, on behalf of herself and all others similarly situated v. Richard SANDS, Lynn K. Fetterman, Canandaigua Wine Company, Inc. BRICKELL PARTNERS, a Florida Partnership, on behalf of itself and all others similarly situated v. Richard SANDS, Lynn K. Fetterman, Canandaigua Wine Company, Inc. Agnes BABICH, on behalf of herself and all others similarly situated v. Richard SANDS, Lynn K. Fetterman, Canandaigua Wine Company, Inc.

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

November 6, 1996.

Attorney(s) appearing for the Case

Garwin, Bronzaft, Gerstein & Fisher by Noah S. Silverman, Bruce E. Gerstein, New York City, Wechsler, Skirnick, Harwood, Halebian & Feffer by Robert I. Harwood, Jeffrey M. Haber, Joel C. Feffer, New York City, Miller, Faucher, Chertow, Cafferty & Wexler by Marvin A. Miller, New York City, for Plaintiffs.

McDermott, Will & Emery by Steven P. Handler, Barbara R. Funt, New York City, for Defendants.

OPINION

MILTON POLLACK, Senior District Judge.

Plaintiffs, purchasers of the securities of Canandaigua Wine Company, Inc. ("Canandaigua"), have brought suit against Canandaigua and two of its officers, Richard Sands and Lynn Fetterman, (collectively "Defendants") asserting securities fraud claims based on §§ 10(b) and 20(a) of the Securities and Exchange Act of 1934, 15 U.S.C. §§ 78j(b), 78t(a), and Rule 10b-5, 17 C.F.R. §...

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