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ANSCHUTZ CORP. v. KAY CORP.

80 Civ. 479 (MEL).

507 F.Supp. 72 (1981)

The ANSCHUTZ CORPORATION, Plaintiff, v. KAY CORPORATION, Defendant.

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

January 28, 1981.

Attorney(s) appearing for the Case

Webster & Sheffield, New York City, for plaintiff; Roger L. Waldman, and Arthur H. Ruegger, New York City, of counsel.

Sullivan & Cromwell, New York City, for defendant; Robert M. Osgood, and Bruce E. Clark, New York City, of counsel.

LASKER, District Judge.

Kay Corporation moves (1) to dismiss the complaint for failure to state a claim on which relief may be granted, (2) to strike the claim under section 17(a) of the Securities Act of 1933 ("1933 Act"), 15 U.S.C. § 77q(a), and related language, and (3) to strike the claim for punitive damages. The motions are denied.

I.

On March 29, 1977, Anschutz Corporation purchased from Kay...

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