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SEGEN EX REL. KFX v. WESTCLIFF CAPITAL MANAGEMENT

No. 03 Civ.1551(WHP).

299 F.Supp.2d 262 (2004)

Leon S. SEGEN, derivatively on behalf of KFx INC., Plaintiff, v. WESTCLIFF CAPITAL MANAGEMENT, LLC, et al., Defendants.

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

January 20, 2004.

Attorney(s) appearing for the Case

Glenn F. Ostrager, Ostrager Chong & Flahrety, LLP, New York City, for Plaintiff.

Steven R. Popofsky, Gersten, Savage, Kaplowitz, Wolf & Marcus, LLP, New York City, for Westcliff Defendants.

Anthony L. Paccione, Katten Muchin Zavis Rosenman, New York City, for Ritchie Defendants.

MEMORANDUM AND ORDER

PAULEY, District Judge.

In this shareholder derivative action, plaintiff Leon S. Segen, on behalf of KFx Inc. ("KFx"), seeks disgorgement of $9 million in alleged short-swing profits realized by two groups of insiders pursuant to Rule 16b-6(c)(2) of the Securities Exchange Act of 1934 (the "Exchange Act"), 17 C.F.R. § 240.16b-6. Currently before this Court are defendants' motions for summary judgment on the grounds that they...

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