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PLANT INDUSTRIES, INC. v. BREGMAN

No. 80 Civ. 2577.

499 F.Supp. 376 (1980)

PLANT INDUSTRIES, INC., Plaintiff, v. Robert B. BREGMAN, Malcolm A. Borg, Connie A. Cox, Alan M. Morrison, Serge C. Naggar and Thomas E. Singer, Defendants.

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

October 8, 1980.

Attorney(s) appearing for the Case

Schiff Hardin & Waite, Washington, D. C. (Richard S. Kraut, Washington, D. C., of counsel), Pollack & Kaminsky, New York City, for plaintiff.

Wender, Murase & White, New York City (Peter J. Gartland, Lance Gotthoffer, New York City, of counsel), for defendant.

MEMORANDUM OPINION

EDWARD WEINFELD, District Judge.

Plant Industries, Inc. ("Plant") commenced this action against individual defendants who were soliciting proxies for the election of six out of a total of nine directors in an effort to oust the existing management of Plant, alleging violations by defendants of section 14(a) of the Securities Exchange Act of 1934 and the proxy rules promulgated thereunder. The action was not derivative but was brought directly...

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