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MERRITT v. COLONIAL FOODS, INC.

Civ. A. No. 79-359.

499 F.Supp. 910 (1980)

Henry MERRITT, Plaintiff, v. COLONIAL FOODS, INC., Jobemo Corporation, Joel Opatut, Ben Opatut, Morris Opatut, Mary Opatut, Hannah Opatut, and Charles A. Cullye, Jr., Defendants.

United States District Court, D. Delaware.

September 19, 1980.

Attorney(s) appearing for the Case

Samuel R. Russell, Biggs & Battaglia, Wilmington, Del., for plaintiff; Alfred V. Greco, and Raymond F. Gregory, New York City, of counsel.

Joseph A. Rosenthal, and Norman M. Monhait, Morris & Rosenthal, Wilmington, Del., for defendants.

OPINION

MURRAY M. SCHWARTZ, District Judge.

This civil action was filed on July 24, 1979 by plaintiff Henry Merritt ("Merritt") on behalf of himself and other similarly situated shareholders of defendant Colonial Foods, Inc. ("Colonial"), a Delaware corporation. Plaintiff's complaint alleges violation of Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and the rules and regulations promulgated thereunder, with jurisdiction predicated...

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