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MORALES v. NEW VALLEY CORP.

No. 95 Civ. 1246(CSH).

999 F.Supp. 470 (1998)

Richard MORALES, Plaintiff, v. NEW VALLEY CORPORATION, Harry I. Freund and Jay S. Goldsmith, Defendants.

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

March 20, 1998.

Attorney(s) appearing for the Case

David Lopez, Southampton, NY, for Plaintiff.

Laurence V. Senn, Jr., Mudge, Rose, Guthrie, Alexander & Ferdon, New York, NY, Michael L. Hirschfeld, Milbank, Tweed, Hadley & McCloy, New York, NY, for New Valley Corp.

Jay G. Strum, Kaye, Scholer, Fierman, Hays & Handler, New York, NY, for Harry I. Freund.

MEMORANDUM OPINION AND ORDER

HAIGHT, Senior District Judge.

Plaintiff Richard Morales brings this action pursuant to section 16(b) of the Securities Exchange Act of 1934 (the "1934 Act"), 15 U.S.C. § 78p(b), seeking the disgorgement of short-swing profits earned in transactions in Class B cumulative convertible preferred stock ("B Preferred") of New Valley Corporation. Defendants Harry I. Freund and Jay S. Goldsmith move for summary judgment...

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