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LITZLER v. CC INVESTMENTS, L.D.C.

No. 02 Civ. 6313(AKH).

411 F.Supp.2d 411 (2006)

John LITZLER, Chapter 7 Trustee for the Bankruptcy Estate of Data Race, Inc. Plaintiff, v. CC INVESTMENTS, L.D.C., Castle Creek Partners, LLC, Olympus Securities, Ltd., Nelson Partners, Citadel Limited Partnership, Data Race, Inc., Defendants.

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

As Amended February 3, 2006.

Attorney(s) appearing for the Case

Glenn F. Ostrager, Ostrager, Chong, Flaherty & Broitman, P.C., New York, NY, for Plaintiff.

Adrienne Marie Ward, Kevin T. Rover, Mark David Knoll, Morgan, Lewis & Bockius, LLP, New York, NY, David E. Mollon, Hertzog, Calamari & Gleason, New York, NY, for Defendants.

OPINION AND ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

HELLERSTEIN, District Judge.

This case involves a difficult, and not too frequently litigated, question under the Securities Exchange Act: whether three separate investors, who responded separately to an issuer's desire to sell a newly issued class of securities, and did not consider themselves a group, but appointed one of their counsel to act for all in negotiating an agreement with...

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