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EGGHEAD.COM, INC. v. BROOKHAVEN CAPITAL MANAGEMENT

No. 99 Civ. 9397(CSH).

194 F.Supp.2d 232 (2002)

EGGHEAD.COM, INC., Plaintiff, v. BROOKHAVEN CAPITAL MANAGEMENT, CO., LTD., Focused Capital Partners, L.P., Watershed Partners, L.P., Cadence Fund, L.P., Brookhaven Capital Management, LLC, Piton Partners, L.P., Skye Investment Advisors, LLC, Skye Investments, Inc., Vincent Carrino, Daniel Coleman, Paul McEntire, and Robert Lishman, Defendants.

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

March 29, 2002.

Attorney(s) appearing for the Case

Sheldon Eisenberger, New York City, for defendants.

MEMORANDUM OPINION AND ORDER

HAIGHT, Senior District Judge.

This suit is brought pursuant to § 16(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78p(b), which "provides that beneficial owners of more than ten percent of any class of an equity security must turn over, to the issuer of that security, any profits earned from a purchase and sale of the securities of that issuer if the purchase and sale are separated by less than six...

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