Sherman v. Posner

CANNELLA, District Judge.

Plaintiff’s motion, for partial summary judgment and the issuance of a preliminary injunction, is denied.

D. Warren Sherman, plaintiff, a stockholder of the DWG Cigar Corporation [hereinafter referred to as the “DWG CORP.”] instituted this action to obtain a partial summary judgment and an injunction pursuant to Section 27 of the Securities Exchange Act of 1934, as amended, [hereinafter referred to as the “1934 Act”] to enjoin the consummation of an exchange offer made by DWG to the shareholders of Wilson Brothers [hereinafter referred to as “Wilson”]. 1

The plaintiff…