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ASH v. GAF CORP.

Civ. A. No. 82-1487.

546 F.Supp. 89 (1982)

Richard A. ASH v. GAF CORPORATION.

United States District Court, E. D. Pennsylvania.

July 9, 1982.

Attorney(s) appearing for the Case

Cletus P. Lyman, Philadelphia, Pa., for plaintiff.

John G. Harkins, Jr., Philadelphia, Pa., for defendant.

MEMORANDUM

NEWCOMER, District Judge.

Plaintiff Ash alleges that GAF has violated Rule 14a-3(b), 17 C.F.R. § 240.14a-3(b), promulgated by the Securities and Exchange Commission ("Commission") under Section 14(a) of the Securities and Exchange Act of 1934 ("Act"), 15 U.S.C. 78n(a). Plaintiff complains that a third-class mailing of the annual report, four (or five) days in advance of a proxy solicitation, does not satisfy the requirement of Rule 14a-3...

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