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GWOZDZINSKY v. MAGTEN ASSET MANAGEMENT CORP.

No. 126, Docket 96-7233.

106 F.3d 469 (1997)

Margaret GWOZDZINSKY, derivatively on Behalf of REVCO D.S., INC., Plaintiff-Appellant, v. MAGTEN ASSET MANAGEMENT CORP.; Talton R. Embry; Revco D.S., Inc.; General Motors Hourly-Rate Employees Pension Plan; General Motors Retirement Program for Salaried Employees; L.A. Fire & Police Pension Systems — Fund 2525; Western Union Pension Trust; The Bakal Company; The Core Investment Limited Partnership; Levi Family Trust; Allen H. Luray; Pearlstone 54 Trust; Ellen's U/W J.H. Pearlstone; Jennifer Russell, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 3, 1997.

Attorney(s) appearing for the Case

Paul D. Wexler, Bragger & Wexler, New York City, for Plaintiff-Appellant.

Lee S. Richards, Richards Spears Kibbe & Orbe, New York City, for Defendants-Appellees.

Before: FEINBERG, CARDAMONE, and McLAUGHLIN, Circuit Judges.

McLAUGHLIN, Circuit Judge:

Plaintiff appeals from an order of the United States District Court for the Southern District of New York (Sweet, J.), granting defendants' motion for summary judgment and dismissing plaintiff's complaint.

BACKGROUND

Margaret Gwozdzinsky is a shareholder of Revco D.S., Inc. ("Revco"). Magten Asset Management Corp. ("Magten") is a New York corporation and a registered investment advisor. Talton Embry ("Embry") is...

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