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CLAIRDALE ENTERPRISES, INC. v. C. I. REALTY INVESTORS

No. 75 Civ. 4227.

423 F.Supp. 257 (1976)

CLAIRDALE ENTERPRISES, INC., Plaintiff, v. C. I. REALTY INVESTORS et al., Defendants.

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

June 21, 1976.

Attorney(s) appearing for the Case

Shea, Gould, Climenko, Kramer & Casey, New York City, for plaintiff; Sheldon D. Camhy, Tom P. Dickerson, New York City, of counsel.

Davis, Polk & Wardwell, New York City, for defendants; Richard E. Nolan, Mark L. Austrian, Lawrence H. Lissitzyn, New York City, of counsel.

OPINION AND ORDER

KEVIN THOMAS DUFFY, District Judge.

Clairdale Enterprises, Inc. has brought this action against C. I. Realty Investors (CIRI), a Massachusetts business trust created under a Declaration of Trust of November 10, 1971, and trustees of CIRI for alleged violation of Section 14(a) of the Securities Exchange Act, 15 U.S.C. § 78n(a), and similar provisions of state law. The defendants have moved to dismiss various paragraphs of the complaint...

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