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ALPEX COMPUTER CORP. v. PITNEY-BOWES, INC.

No. 73 Civ. 5198.

417 F.Supp. 328 (1976)

ALPEX COMPUTER CORP., Plaintiff, v. PITNEY-BOWES, INC., et al., Defendants.

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

As Corrected September 13, 1976.

Attorney(s) appearing for the Case

Alvin M. Stein, Stephen F. Harmon, Sheldon M. Greenbaum, Parker, Chapin & Flattau, New York City, for plaintiff.

William E. Willis, Francis Carling, Margaret Pfeiffer, Sullivan & Cromwell, New York City, for defendants Pitney-Bowes, Inc. and the individual defendants.

OPINION AND ORDER

PIERCE, District Judge.

As this matter is being prepared for trial, defendant Pitney-Bowes, Inc. and certain individual defendants move for partial summary judgment against plaintiff's claims under Rule 10b-5. Despite the fact that the record on this motion is in excess of 1300 pages, there is one issue of law which immediately arises untrammeled by any question of material fact. That issue is whether the forced "wind-down" of Pitney-Bowes...

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