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CAMPO v. SEARS HOLDINGS CORP.

No. 06 Civ. 4053 (LAK).

635 F.Supp.2d 323 (2009)

Fred P. CAMPO, et al., Plaintiffs, v. SEARS HOLDINGS CORPORATION, et al., Defendants.

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

July 21, 2009.

Attorney(s) appearing for the Case

Jay W. Eisenhofer, Esq., Geoffrey C. Jarvis, Esq., Grant & Eisenhofer P.A., Samuel H. Rudman, Esq., David A. Rosenfeld, Esq., Coughlin Stoia Geller Rudman & Robbins LLP, Mark C. Gardy, Esq., James S. Notis, Esq., Gardy & Notis, LLP, for Plaintiffs.

Paul Vizcarrondo, Jr., Esq., David B. Anders, Esq., Emil A. Kleinhaus, Esq., Jonathan E. Goldin, Esq., Wachtell, Lipton, Rosen & Katz, for Defendants.

MEMORANDUM OPINION

LEWIS A. KAPLAN, District Judge.

Lead plaintiffs, former shareholders of Kmart Holding Corporation ("Kmart"), bring this purported class action against Sears Holdings Corporation ("Sears"), Edward S. Lampert, and Julian Day. They claim that defendants knowingly made statements that substantially undervalued Kmart's real estate assets during and in the immediate wake of its reorganization in order artificially to suppress the price of the...

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