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LERNER v. MILLENCO, L.P.

No. 97 CIV. 9226(SAS).

23 F.Supp.2d 345 (1998)

Jack LERNER, derivatively on behalf EA Industries, Inc., Plaintiff, v. MILLENCO, L.P., Defendant.

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

September 10, 1998.

Attorney(s) appearing for the Case

Jeffrey S. Abraham, Law Offices of Jeffrey S. Abraham, Jack Fruchter, Mitchell M.Z. Twersky, Fruchter & Twersky, New York City, for Plaintiff.

Theodore Altman, Jon D. Kaplon, Gordon, Altman, Butowsky, Weitzen, Shalov & Wein, New York City, for Defendant.

MEMORANDUM OPINION

SCHEINDLIN, District Judge.

In an Opinion dated August 12, 1998, this Court denied defendant's motion to dismiss, allowing plaintiff to proceed with his claim under Section 16(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78p(b), based on defendant's ownership, together with others, of more than ten percent of EA common stock. Lerner v. Millenco, L.P., 23 F.Supp.2d 337

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