MEMORANDUM OPINION AND ORDER
HAIGHT, District Judge:
Plaintiff, a shareholder of defendant Horn & Hardart Company ("H&H") brings this derivative action asserting that H&H, various of its directors and officers, and several others violated § 14 and § 10 of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78n and 78j [1976]). Plaintiff alleges that defendants, through the means of a false and misleading proxy statement issued...
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