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NGUYEN v. BARRETT

C.A. No. 11511-VCG.

AN NGUYEN, Plaintiff, v. MICHAEL G. BARRETT, THOMAS R. EVANS, ROBERT P. GOODMAN, PATRICK KERINS, ROSS B. LEVINSOHN, WENDA HARRIS MILLARD, JAMES A. THOLEN, AOL INC., and MARS ACQUISITION SUB, INC., Defendants.

Court of Chancery of Delaware.

Decided: September 28, 2016.

Attorney(s) appearing for the Case

James R. Banko and Derrick B. Farrell , of FARUQI & FARUQI, LLP, Wilmington, Delaware; OF COUNSEL: Juan E. Monteverde , of MONTEVERDE & ASSOCIATES PC, New York, New York; Michael J. Palestina , of KAHN SWICK & FOTI, LLC, Madisonville, Louisiana, Attorneys for Plaintiff.

Kevin R. Shannon and Jaclyn C. Levy , of POTTER ANDERSON & CORROON LLP, Wilmington, Delaware; OF COUNSEL: William Savitt , Anitha Reddy , and Nicholas Walter , of WACHTELL, LIPTON, ROSEN & KATZ, New York, New York, Attorneys for All Defendants.

MEMORANDUM OPINION

This matter can now be considered twice-tested, but not in the beneficial sense made famous by Professor Berle. The action involves a challenge to a merger agreement, brought pre-close, alleging inadequate price and process, as well as some thirty disclosure violations...

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