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SALSITZ v. PELTZ

No. 99 CIV.2202(LTS)(MHD).

227 F.Supp.2d 222 (2002)

Norman SALSITZ, on behalf of all others similarly situated, Plaintiff, v. Nelson PELTZ, Peter W. May, and Triarc Companies, Inc., Defendants.

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

October 17, 2002.

Attorney(s) appearing for the Case

Matthew MacLean Houston, Wechsler, Harwood, Halebian & Feffer, LLP, New York City, for Norman Salsitz.

Gerard E. Harper, Paul, Weiss, Rifkind, Wharton & Garrison New York, City, for Nelson Peltz, Peter W. May, Triarc Companies, Inc.

OPINION AND ORDER

SWAIN, District Judge.

Plaintiff Norman Salsitz ("Plaintiff") alleges that defendants Nelson Peltz ("Peltz"), Peter W. May ("May") and Triarc Companies, Inc. ("Triarc" or the "Company") (collectively, "Defendants") violated the Williams Act, Section 14(e) of the Securities Exchange Act of 1934 ("Section 14(e)"), 15 U.S.C. §§ 78t, 78n(e) in connection with Triarc's March 1999 "Dutch Auction" self-tender solicitation. Plaintiff...

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