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KOPPERS CO., INC. v. AMERICAN EXP. CO.

Civ. A. No. 88-557.

689 F.Supp. 1417 (1988)

KOPPERS COMPANY, INC., Plaintiff, v. AMERICAN EXPRESS COMPANY, a corporation, Shearson Lehman Brothers Holdings, Inc., a corporation, Shearson Lehman Hutton, Inc., a corporation, SL-Merger, Inc., a corporation, BNS Partners, partnership, BNS Inc., a corporation, Bright Aggregates Inc., a corporation, Beazer PLC, a public limited company, and National Westminister Bank PLC, and English banking company, Defendants.

United States District Court, W.D. Pennsylvania.

May 19, 1988.

Attorney(s) appearing for the Case

Joseph A. Katarincic, David Borkovic, Kirkpatrick & Lockhart, Edward B. Wood, Koppers Co., Law Dept., Pittsburgh, Pa., for plaintiff Koppers Co., Inc.

William M. Wycoff, Ralph Scalera, Craig Frischmann, Thorp, Reed & Armstrong, Pittsburgh, Pa., Edwin B. Mishkin, Cleary, Gottlieb, Steen & Hamilton, New York City, for defendants BNS Partners, BNS Inc., Bright Aggregates, Inc., and Beazer PLC.

James D. Morton, Stanley Yorsz, Buchanan Ingersoll, P.C., Pittsburgh, Pa., Stephen Greiner, Willkie, Farr & Gallagher, New York City, for defendants American Exp. Co., Shearson Lehman Bros. Holdings, Inc., Shearson Lehman Hutton, Inc., and SL-Merger, Inc.

Theodore O. Struk, Dickie, McCamey & Chilcote, P.C., Pittsburgh, Pa., for defendant Nat. Westminster Bank PLC.

MEMORANDUM ORDER

COHILL, Chief Judge.

Presently before us is Defendants' "Motion for Determination That Proposed Corrective Disclosure Will Satisfy and Discharge April 15, 1988 Order." This motion was submitted in response to this Court's Opinion and Order of April 15, 1988, granting plaintiff's motion for a preliminary injunction.

We find that an evidentiary hearing will be needed to address the substantive issues associated with the proper characterization...

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