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POLAK v. CONTINENTAL HOSTS, LTD.

No. 85 Civ. 1154 (RWS).

613 F.Supp. 153 (1985)

Jack POLAK, as Trustee for Catharina Polak, and Anthony Polak, Plaintiffs, v. CONTINENTAL HOSTS, LTD., Stanley Lewin, Bruce Lewin, and Marjorie Lewin, Defendants.

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

June 28, 1985.

Attorney(s) appearing for the Case

Zissu, Berman, Halper & Gumbinger, New York City, for plaintiffs; Ira W. Berman, of counsel.

Gordon, Hurwitz, Butowsky, Weitzen, Shalov & Wein, New York City, for defendants; Allan R. Freedman, Robert J. Schechter, of counsel.

OPINION

SWEET, District Judge.

Defendants Continental Hosts, Ltd. ("Continental"), Stanley Lewin, Bruce Lewin and Marjorie Lewis (the "individual defendants"), have moved to dismiss the complaint of the two plaintiffs Jack Polak (the "Disclosure Plaintiff") and Anthony Polak (the "Merger Plaintiff"), shareholders of Continental, pursuant to Rule 12(b)(6), Fed. R.Civ.P. The complaint, in the form of a class action, alleges a violation of Rule 10(b)(5) promulgated...

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