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LONG ISLAND LIGHTING CO. v. BARBASH

No. CV-85-3858.

625 F.Supp. 221 (1985)

LONG ISLAND LIGHTING COMPANY, Plaintiff, v. Maurice BARBASH, Norman E. Blankman, Nora Bredes, Elaine Benson, Leon Campo, Bill Chaleff, Frazer Dougherty, Jack Hohenberger, Dan Gluck, Leonard Goldschmidt, Lou Grasso, Joseph Kaufman, Nancy Kelly, Irving Like, Sharon Luscombe, William Marran, William Massino, Edward McGovern, Arthur Metzger, Deborah Perry, Nathan Pitt, Clair Siegal, Alex Sneddon, Judith Sneddon, Robert Snyder, Tom Twomey, Dave Willmott, John W. Matthews, and Island Insulation Corp., Defendants.

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

November 8, 1985.

Attorney(s) appearing for the Case

Shea & Gould by Michael Lesch, New York City, for plaintiff.

Reilly, Like & Schneider by Irving Like, Babylon, N.Y., Baer, Marks & Upham by Eugene Scheiman and Thomas Albright, Skadden, Arps, Slate, Meagher & Flom by Patrick J. Foye, Jeremy Berman and Thomas J. Schwartz, New York City, for defendants.

MEMORANDUM DISMISSING COMPLAINT

WEINSTEIN, Chief Judge:

Plaintiff, the Long Island Lighting Company, seeks to enjoin defendants from publishing a newspaper advertisement advocating public ownership of plaintiff's property. LILCO contends that the advertisement constitutes an improper proxy solicitation within the meaning of Securities and Exchange Commission regulations. The utility alleges that continued publication threatens to affect a proxy fight for...

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