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JAMMIES INTERN., INC. v. NOWINSKI

No. 87 Civ. 4349 (JES).

700 F.Supp. 189 (1988)

JAMMIES INTERNATIONAL, INC. and C.R.A. Realty Corp., Plaintiffs, v. Robert C. NOWINSKI and Bristol-Meyers Company, Defendants.

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

November 28, 1988.

Attorney(s) appearing for the Case

David Lopez, P.C., New York City, for plaintiff C.R.A. Realty Corp.; David Lopez, of counsel.

Levy & Levy, New York City, for plaintiff Jammies Intern., Inc., Morris Levy, of counsel.

Berger & Steingut, New York City, for defendant Robert C. Nowinski; Theodore S. Steingut, of counsel.

Perkins Coie, Seattle, Wash., for defendant Robert C. Nowinski; Ronald L. Berenstain, Joseph E. Bringman, of counsel.

Winthrop, Stimson, Putnam & Roberts, New York City, for defendant Bristol-Meyers Co.; Stephen A. Weiner, of counsel.

OPINION AND ORDER

SPRIZZO, District Judge:

Plaintiffs Jammies International Inc. and C.R.A. Realty Corp. bring this shareholder derivative action against Robert C. Nowinski and Bristol-Meyers Co. ("Bristol") to recover short-swing profits under section 16(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78p(b) (1982). Plaintiffs allege that Dr. Nowinski was an officer of Bristol at the time he bought and sold shares of Bristol stock, and that...

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