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PELLMAN v. CINERAMA, INC.

No. 78 Civ. 4508.

503 F.Supp. 107 (1980)

Sol PELLMAN, Plaintiff, and Edith Zakheim and Walter Zakheim, Intervenor-Plaintiffs, v. CINERAMA, INC., Forkel, Inc., Forkel Enterprises, Inc., Pacific Theatres Corp., Nationwide Theatres Corp., William R. Forman, Michael R. Forman, Harry S. Buxbaum, James J. Cotter, Frederick Levy, Jr., Charles P. Emma, Hotel Operating Company of Hawaii, Ltd., Roy C. Kelley, Estelle L. Kelley and Richard R. Kelly, Defendants.

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

November 7, 1980.

Attorney(s) appearing for the Case

Milberg, Weiss, Bershad & Specthrie, New York City, for plaintiff and intervenor-plaintiffs by David J. Bershad, Jerome M. Congress, New York City.

Stroock & Stroock & Lavan, New York City, for defendants by Gary J. Greenberg, Melvin A. Brosterman, David S. Welkowitz, New York City.

MEMORANDUM OPINION AND ORDER

SOFAER, District Judge:

Plaintiffs in this class action allege federal securities law violations in conjunction with the merger by which Cinerama Corporation went private. Defendants have moved to dismiss the complaint for failure to state a claim, Fed.R.Civ.P. 12(b)(6), and for failure to plead fraud with sufficient particularity, Fed.R.Civ.P. 9(b). In their many pages of supporting papers, defendants attempt to characterize...

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