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PHILLIPS v. KIDDER, PEABODY & CO.

No. 87 Civ. 4936 (SWK).

750 F.Supp. 603 (1990)

Robert D. PHILLIPS, individually and on behalf of other shareholders of Computer Depot, Inc., similarly situated, Plaintiff, v. KIDDER, PEABODY & CO., Defendant.

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

July 24, 1990.

Attorney(s) appearing for the Case

Schoengold and Sporn, P.C. by Samuel P. Sporn, New York City, for plaintiff.

Howard, Darby and Levin by C. William Phillips, New York City, for defendant.

MEMORANDUM OPINION AND ORDER

KRAM, District Judge.

This purported class action arises out of the issuance of stock and the subsequent Chapter 11 bankruptcy petition by Computer Depot, Inc. ("CDI"). Robert D. Phillips, the named plaintiff, claims that the activities of defendant Kidder, Peabody & Co. ("Kidder") and a defendant class of underwriters for CDI stock, relating to the initial offering and subsequent sales of that stock, violated sections 11...

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