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HALEBIAN v. BERV

No. 06 Civ. 4099 (NRB).

869 F.Supp.2d 420 (2012)

John HALEBIAN, individually and on behalf of all other similarly situated trust beneficiaries and derivatively on behalf of CitiFunds Trust III, Plaintiff, v. Elliot J. BERV, Donald M. Carlton, A. Benton Cocanougher, Mark T. Finn, Stephen Randolph Gross, Diana R. Harrington, Susan B. Kerley, Alan G. Merten, and R. Richardson Pettit, Defendants, and CitiFunds Trust III, Nominal Defendant.

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

July 23, 2012.

Attorney(s) appearing for the Case

Joel C. Feffer, Esq. , Harwood Feffer L.L.P., New York, NY, for Plaintiff.

James S. Dittmar, Esq. , Goodwin Procter L.L.P., Boston, MA, Michael K. Isenman, Esq. , Goodwin Procter L.L.P., Washington, DC, for Defendants.

MEMORANDUM AND ORDER

NAOMI REICE BUCHWALD, District Judge.

I. Introduction

On July 31, 2007, in Halebian v. Berv ("Halebian I"), 631 F.Supp.2d 284 (S.D.N.Y.2007), we dismissed the complaint of John Halebian ("plaintiff"), which was brought against nine members of the board of trustees ("defendants") of Citi-Funds Trust III (the "Trust"), a business...

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