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FICKINGER v. C.I. PLANNING CORP.

Civ. A. No. 81-0951.

556 F.Supp. 434 (1982)

Charles FICKINGER on behalf of himself and all others similarly situated v. C.I. PLANNING CORPORATION and City Investing Company.

United States District Court, E.D. Pennsylvania.

December 30, 1982.

Attorney(s) appearing for the Case

Eugene A. Spector, Gross & Sklar, Philadelphia, Pa., Timothy A. Gallogly, Eichman & Gallogly, Haverford, Pa., for plaintiff.

Patricia L. Freeland, Pepper, Hamilton & Scheetz, Philadelphia, Pa., Christopher Crowley, Andrew C. Jacobs, Susan P. Johnston, Davis, Polk & Wardwell, New York City, for defendants.

MEMORANDUM

SHAPIRO, District Judge.

This is a class action on behalf of shareholders in a Real Estate Investment Trust ("REIT"), pursuant to § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and Pennsylvania common law, to recover damages for alleged misrepresentations and omissions by the REIT's advisor and the parent company. Defendants moved for summary judgment on the ground that plaintiff's action is time barred. The motion...

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