POLLACK, District Judge.
Bristol-Myers Co. has moved pursuant to Fed.R.Civ.P. 56 for a summary judgment dismissing plaintiff's complaint. For the purposes of this motion, the plaintiff's allegations are not controverted by defendant. Defendant's motion will be granted for the reasons appearing hereafter.
This is a suit for alleged violation of Section 14(a) of the Securities Exchange Act of 1934 and Rule 14a-9
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