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A proxy fight developed between two groups at MGM. One group called the Levin group (P) and the other group called the O'Brien group were slugging it out in a proxy fight. P sued D alleging that D in connection with a proxy solicitation content wrongfully committed D to pay for the services of specially retained attorneys, a public relations firm, proxy soliciting organizations, and have improperly used the offices and employees of D to secure support for present management. P sought temporary and permanent injunctive relief and money damages from the individual defendants.

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