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McMAHAN & CO. v. WHEREHOUSE ENTERTAINMENT, INC.

Nos. 88 Civ. 0321 (MJL), 88 Civ. 9040 (MJL).

859 F.Supp. 743 (1994)

MCMAHAN & COMPANY, Froley, Revy Investment Co., Inc. and Wechsler & Krumholz, Inc., Plaintiffs, v. WHEREHOUSE ENTERTAINMENT, INC., Louis A. Kwiker, George A. Smith, Michael T. O'Kane, Lawrence K. Harris, Donald E. Martin, Joel D. Tauber, Furman Selz Mager Dietz & Birney Incorporated, Wei Acquisition Corp., Wei Holdings, Inc. and Adler & Shaykin, Defendants. Don THOMPSON, on behalf of himself and all others similarly situated, Plaintiff, v. WHEREHOUSE ENTERTAINMENT, INC., Louis A. Kwiker, George A. Smith, Michael T. O'Kane, Lawrence K. Harris, Donald E. Martin, Joel D. Tauber, and Furman Selz Mager Dietz & Birney Incorporated, Defendants.

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

August 10, 1994.

Attorney(s) appearing for the Case

Abbey & Ellis, New York City, for plaintiff Thompson and Class; by Arthur N. Abbey.

Howard, Darby & Levin, New York City, for McMahan plaintiffs; by Philip K. Howard.

Weil, Gotshal & Manges, New York City, for defendants; by Dennis J. Block.

OPINION AND ORDER

LOWE, District Judge.

Before the Court are motions for partial summary judgment and summary judgment filed by plaintiffs and defendants respectively, and a report and recommendation ("R & R") by a United States Magistrate Judge addressing these motions in part. The motions were referred to Magistrate Judge Kathleen A. Roberts who recommends that this Court grant defendants' motion for summary judgment and dismiss the actions against...

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