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GWOZDZINSKY ON BEHALF OF REVCO v. ZELL/CHILMARK

No. 95 CIV. 10563(JES).

979 F.Supp. 263 (1997)

Margaret GWOZDZINSKY, Derivatively on Behalf of REVCO D.S., INC., Plaintiff, v. ZELL/CHILMARK FUND, L.P. and Revco D.S., Inc., Defendants.

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

October 17, 1997.

Attorney(s) appearing for the Case

Ostrager, Chong & Flaherty, P.C., New York, NY (Glenn F. Ostrager, of counsel), Bragar & Wexler, P.C., New York, NY (Paul D. Wexler, of counsel), for Plaintiff.

Seyfarth, Shaw, Fairweather & Geraldson, New York, NY (John C. Sabetta, of counsel), Seyfarth, Shaw, Fairweather & Geraldson, Chicago, IL (Alan L. Unikel, James M. Wyman, of counsel), for Defendant.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge.

Plaintiff Margaret Gwozdzinsky ("Gwozdzinsky") brings this derivative action against defendant Zell/Chilmark Fund L.P. ("Zell/Chilmark"), alleging that Zell/Chilmark, as an "insider" of Revco D.S., Inc. ("Revco"), violated Section 16(b) of the Securities Exchange Act of 1934 (the "Exchange Act") by writing short put options or call equivalent positions...

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