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HUPPE v. SPECIAL SITUATIONS FUND III QP, L.P.

No. 06 Civ. 6097(LTS)(FM).

565 F.Supp.2d 495 (2008)

Maureen A. HUPPE, derivatively on behalf of WPCS INTERNATIONAL INC., Plaintiff, v. SPECIAL SITUATIONS FUND III QP, L.P., Special Situations Private Equity Fund, L.P., Defendants, and WPCS International Inc., Nominal Defendant.

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

July 3, 2008.

Attorney(s) appearing for the Case

Law Office of David Lopez, by David Lopez, Esq., Southampton, NY, Law Offices of Daniel E. Doherty, by Daniel Eugene Doherty, Esq., Overland Park, KS, for Plaintiff.

Lowenstein Sandler PC, by Lawrence M. Rolnick, Esq., Thomas E. Redburn, Jr., Esq., Roseland, NJ, for Defendants.

OPINION

LAURA TAYLOR SWAIN, District Judge.

Pursuant to Section 16(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78p(b) ("the Act"), Plaintiff Maureen A. Huppe ("Plaintiff) brings this derivative action on behalf of nominal defendant WPCS International Incorporated ("WPCS"), seeking disgorgement of "short-swing" profits from Defendants Special Situations Fund III, QP, L.P. ("QP"), and Special Situations Private Equity Fund, L.P. ("PE...

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