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EGGHEAD.COM v. BROOKHAVEN CAPITAL MANAGEMENT

Docket No. 02-7550.

340 F.3d 79 (2003)

EGGHEAD.COM, INC., Plaintiff-Appellant, 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, Inc., Skye Investments, Inc., Vincent Carrino, Daniel Coleman, Paul McEntire, and Robert Lishman, Defendant-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 8, 2003.

Attorney(s) appearing for the Case

PAUL D. WEXLER, Bragar, Wexler, Eagel & Morgenstern (Glenn F. Ostrager, Ostrager Chong & Flaherty LLP, on the brief) New York, N.Y., for Appellant.

JOSEPH ZELMANOVITZ (Sheldon Eisenberger on the brief), New York, N.Y., for Appellees.

Before: LEVAL and F.I. PARKER, Circuit Judges, and KAPLAN, District Judge.

LEVAL, Circuit Judge.

Plaintiff appeals from the judgment of the United States District Court for the Southern District of New York (Marrero, J.) dismissing the complaint. The suit was brought by a stockholder of Egghead.com, Inc. ("Egghead"), as a derivative action for the benefit of the corporation, against a group of investors alleged to constitute collectively a beneficial owner of more than 10% of the shares of Egghead. The suit, brought under § 16...

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