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KIMMCO ENERGY CORP. v. JONES

No. 83 Civ. 8504 (CBM).

603 F.Supp. 763 (1984)

KIMMCO ENERGY CORP., et al., Plaintiffs, v. William and Ruth JONES, Defendants, and Aaron Diamond, et al., Nominal Defendants.

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

December 20, 1984.

Attorney(s) appearing for the Case

Rosenman, Colin, Freund, Lewis & Cohen by Jeffrey L. Braun, Jan G. Zager, New York City, for plaintiffs.

Willkie, Farr & Gallagher by Louis A. Craco, Brian E. O'Connor, Eric S. Hutner, New York City, for defendants.

OPINION

MOTLEY, Chief Judge.

This action arises out of fraud allegedly perpetrated on two investment partnerships by their managing partner and his wife. Plaintiffs, Kimmco Energy Corp. ["Kimmco"] and Peter and Elbrun Kimmelman, have brought this suit, individually and derivatively, on behalf of one of the partnerships against defendants William and Ruth Jones. Because this suit is brought derivatively, the remaining members of the partnership are named...

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