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IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE I
IN AND FOR NEW CASTLE COUNTY \ J
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KEVIN BESWICK,
Plaintiff, G
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V. C.A. NO. : 6
LEWIS I. ROTHMAN, LAVONDA ROTHMAN, : /'b%~ EJc 3,
BERNIE ROSENBLUM, MAUREEN
COLLETON, JOHN OLIVA, JANE
VARGAS, JOHN F. BARRY, JR., . _
JRC ACQUISITION CORP., L&LR, c '3
INC. and 800-JR CIGAR, INC., -: c-7
Defendants.
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COMPLAINT
Plaintiff alleges upon information and belief, except as to
paragraph 1 which is alleged upon personal knowledge, as follows:
THE PARTIES
1. Plaintiff is the owner of shares of the common stock of
800-JR Cigar, Inc. ("JR Cigar" or the "Company") and has been the
owner of such shares continuously since prior to the wrongs
complained of herein.
2. JR Cigar is a corporation duly existing and organized
under the laws of the State of Delaware, with its principal offices
located at 301 Route 10 East, Whippany, New Jersey. The Company is
a distributor and retailer of brand name premium cigars.
3. Lewis I. Rothman ("Lew Rothman") is President, Chief
Executive Officer and Chairman of the Board of JR Cigar.
4. Defendant LeVonda Rothman ("LeVonda Rothman") is
SNIPPETS:
Plaintiff alleges upon information and belief,
800-JR Cigar, Inc. and has been the
owner of such shares continuously since prior to the wrongs
Lewis I. Rothman is President,
Executive Vice President, Secretary, and a director of JR Cigar
LeVonda Rothman and the Lewis I. Rothman 1998 Trust #l
(collectively, the "Rothman Defendants").
Ciga.r, the Rothman Defendants owe fiduciary duties of good faith,
Defendants Bernie Rosenblum, Maureen Coleton, John Oliva,
The Individual Defendants are in a fiduciary relationship
with plaintiff and the other public stockholders of JR Cigar,
owe plaintiff and the other members of the class the highest
obligations of good faith, fair dealing, due care, loyalty and full
CLASS ACTION ALLEGATIONS
on behalf of himself and holders of JR Cigar common stock
There are questions of law and fact which are common to
making appropriate the relief sought herein with respect to the
in this transaction, to the detriment of JR Cigar's public
They have selected and elected all of JR Cigar's directors who are
breached and are breaching their fiduciary duties to the members of
Unless the proposed buyout is enjoined by the Court,
Plaintiff and the Class have no adequate remedy at law.
granting, inter alia, rescissory damages to the
may be just and proper.
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