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EMHART CORPORATION v. USM CORPORATION

Civ. A. No. 75-3896-W.

403 F.Supp. 660 (1975)

EMHART CORPORATION v. USM CORPORATION.

United States District Court, D. Massachusetts.

October 21, 1975.

Attorney(s) appearing for the Case

Raymond L. Falls, Jr., H. Richard Schumacher, Cahill, Gordon & Reindel, New York City, Joseph W. Bartlett, Alan Lefkowitz, Gaston, Snow & Ely Bartlett, Boston, Mass., for Emhart Corporation.

Taggart Whipple, Steven F. Goldstone, Davis, Polk & Wardwell, New York City, John M. Hall, Robert S. Frank, Jr., Boston, Mass., for USM Corporation.

OPINION

WYZANSKI, Senior District Judge.

In its amended complaint filed September 13, 1975 Emhart Corporation seeks a temporary injunction pursuant to Sections 14(d) and 14(e) of the Securities and Exchange Act of 1934, as amended, 15 U.S.C. § 78n(d) and (e) and the rules and regulations of the Securities and Exchange Commission, and Section 1651 of the Judicial Code, 28 U. S.C. § 1651.

With respect to the statutory cause of action, this...

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