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SCHAFFER v. CC INVESTMENTS, LDC

No. 99 CIV. 2821(VM).

153 F.Supp.2d 484 (2001)

Barbara SCHAFFER, Derivatively and on behalf of Lasersight, Inc. Plaintiff, v. CC INVESTMENTS, LDC; Castle Creek Partners, LLC; Societe Generale Shepherd Investments International, Ltd.; Stark International; Brian J. Stark; Michael A. Roth, and Lasersight, Inc., Defendants.

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

August 1, 2001.

DECISION AND ORDER

MARRERO, District Judge.

Plaintiff Barbara Schaffer ("Schaffer") brings this action pursuant to § 16(b) of the Securities Exchange Act of 1934 (the "Act") for disgorgement of short-swing profits allegedly obtained by defendants acting as a group in violation of that section of the Act. Three motions for dismissal pursuant to Fed.R.Civ.P. 12(b)(6) were previously granted...

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