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OSWELL v. MORGAN STANLEY DEAN WITTER & CO., INC.

Civil Nos. 06-5814 (JBS), 07-105(JBS).

507 F.Supp.2d 484 (2007)

Audrey OSWELL, Plaintiff, v. MORGAN STANLEY DEAN WITTER & CO., INC., et al., Defendants. Resorts International Hotel, Inc., Plaintiff, v. Morgan Stanley Dean Witter & Co., Inc., et al., Defendants.

United States District Court, D. New Jersey.

September 6, 2007.

Attorney(s) appearing for the Case

Herbert J. Stern, Esq., Joel M. Silverstein, Esq., Michael Dinger, Esq., Stern & Kilcullen, LLC, Roseland, NJ, for Resorts International Hotel, Inc.

A. Ross Pearlson, Esq., Jennifer M. Rosa, Esq., Clive Cummis, Esq., Sills, Cummis, Epstein & Gross, P.C., Newark, NJ, and Robert B. Fiske, Jr. Esq., Brian Weinstein, Esq., Davis Polk & Wardwell, New York, NY, for Defendants Morgan Stanley and Venture Holdings, Inc.

OPINION

JEROME B. SIMANDLE, District Judge.

While serving as CEO of Resorts International Hotel, Inc. ("Resorts") running its casino hotel in Atlantic City, New Jersey, Audrey Oswell was in active secret negotiations with Morgan Stanley Dean Witter ("Morgan Stanley") to develop and construct a competing casino on a vacant parcel of land nearby for her own benefit. Resorts has alleged that Oswell...

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