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AKCESS PACIFIC GROUP v. WINSTAR COMMUNICATIONS

No. 98 Civ. 8273(LAK).

67 F.Supp.2d 394 (1999)

AKCESS PACIFIC GROUP LLC, Plaintiff, v. WINSTAR COMMUNICATIONS INC., et al., Defendants.

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

October 20, 1999.

Attorney(s) appearing for the Case

John K. Crossman, Lisa M. Campisi, Elizabeth M. Miller, Zevnik, Horton, Guibord, McGovern, Palmer & Fognani, L.L.P., New York City, for plaintiff.

John E. Jenkins, Michael O. Adelman, Shanley & Fisher, P.C., New York City, for CellularVision, defendants.

MEMORANDUM OPINION

KAPLAN, District Judge.

Plaintiff Akcess Pacific Group LLC ("Akcess") was thwarted in its attempt to take over defendant CellularVision U.S.A., Inc., now known as SpeedUs.com, Inc. ("CVUSA"). It claims that CVUSA improperly refused to convert preferred shares of CVUSA into common stock at the behest of the holder, Marshall Capital Management, Inc. ("MCM"), which had contracted to sell to Akcess common shares issued upon conversion, and...

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