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S.E.C. v. PENTAGON CAPITAL MANAGEMENT PLC

No. 08 Civ. 3324.

722 F.Supp.2d 440 (2010)

SECURITIES and EXCHANGE COMMISSION, Plaintiff, v. PENTAGON CAPITAL MANAGEMENT PLC and Lewis Chester, Defendants, v. Pentagon Special Purpose Fund, Ltd., Relief, Defendant.

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

July 1, 2010.

Attorney(s) appearing for the Case

Securities and Exchange Commission, New York Regional Office, by: Paul G. Gizzi, Esq., New York, NY, Seward & Kissell LLP, by: Christopher Dunnigan, Esq. John C. Lehmann, Jr., Esq. Mark Salzberg, Esq., New York, NY, for Plaintiff.

Pepper Hamilton LLP, by: Matthew D. Foster, Esq. Frank Razzano, Esq., Washington, DC, for Defendants.

OPINION

SWEET, District Judge.

Defendants Pentagon Capital Management PLC ("PCM") and Lewis Chester ("Chester") (collectively, the "Defendants") and Pentagon Special Purpose Fund, Ltd. ("PSPF" or the "Relief Defendant") have moved in limine pursuant to Rules 801(d)(2), 803(8) and 201, Fed.R.Evid., to determine the admissibility of congressional testimony of Steven Cutler pursuant to Fed.R.Evid. 801(d)(2), 803(8) and 201.

For the reasons...

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