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RESNIK v. SWARTZ

Docket No. 01-7140.

303 F.3d 147 (2002)

Herbert RESNIK, Plaintiff-Appellant, v. Jerome SWARTZ, Harvey P. Mallement, Raymond R. Martino, George Bugliarello, Charles B. Wang, Tomo Razmilovic, Leo A. Guthart, James Simons and Symbol Technologies, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 6, 2002.

Attorney(s) appearing for the Case

A. Arnold Gershon, New York, NY, (Irving Bizar, Ballon Stoll Bader & Nadler, P.C., of counsel), for Plaintiff-Appellant.

Eric J. Lobenfeld, New York, NY, (Clifford Chance Rogers & Wells LLP on the brief), for Defendants-Appellees.

Before CALABRESI, CABRANES, Circuit Judges, and AMON, District Judge.

AMON, District Judge.

Plaintiff-appellant Herbert Resnik appeals from a final judgment of the United States District Court for the Southern District of New York (McKenna, J.) granting defendants-appellees' motion to dismiss the complaint for failure to state a claim upon which relief can be granted. Resnik, a shareholder of defendant Symbol Technologies, Inc. ("Symbol"), brought this action against Symbol and its directors...

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