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DELCATH SYSTEMS, INC. v. LADD

No. 06-4395-cv.

466 F.3d 257 (2006)

DELCATH SYSTEMS, INC., Plaintiff-Appellee, v. ROBERT LADD, LADDCAP VALUE PARTNERS LP, LADDCAP VALUE ADVISORS LLC, and LADDCAP VALUE ASSOCIATES LLC, Defendant-Appellants.

United States Court of Appeals, Second Circuit.

Decided: September 25, 2006.

As amended: September 25, 2006.

Attorney(s) appearing for the Case

ADAM H. OFFENHART (Aric H. Wu, on the brief), Gibson, Dunn & Crutcher LLP, New York, NY, for Plaintiff-Appellee.

STEVEN M. HECHT (John J.D. McFerrin-Clancy, Thomas E. Redburn, Jr., on the brief), Lowenstein Sandler PC, New York, NY, RICHARD W. COHEN, Lowey Dannenberg Bemporad & Selinger, P.C., White Plains, NY, for Defendant-Appellants.

Before: WALKER, Chief Judge, LEVAL and KATZMANN, Circuit Judges.

PER CURIAM:

Defendants Ladd, Laddcap Value Partners LP, et al. ("Laddcap") appeal from a temporary restraining order against them entered on the motion of the plaintiff Delcath Systems, Inc. Laddcap brings an emergency motion for relief from one of the prohibitions of the order, which bars them from filing with Delcath shareholder consents they received seeking to replace some of its directors. We find for the reasons set forth below that the maintenance of the order...

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