OPINION AND ORDER
SPRIZZO, District Judge.
Plaintiff, Monroe Weintraub, a holder of Texasgulf, Inc. ("Texasgulf") shares and options, commenced this action pursuant to section 10(b) of the Securities and Exchange Act of 1934, 15 U.S.C. § 78j(b) ("Section 10(b)"), and Rule 10b-5, 17 C.F.R. § 240.10b-5 ("Rule 10b-5"),
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