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KLEIN v. FISHER FOODS, INC.

No. 810486.

6 Ohio Misc. 84 (1965)

KLEIN v. FISHER FOODS, INC., ET AL.

Common Pleas Court of Cuyahoga County.

Decided June 16, 1965.

Attorney(s) appearing for the Case

Messrs. Benesch, Friedlander, Mendelson & Goplan, Mr. George N. Arnoff, Mr. Marvin Kelner, Messrs. Walter & Haverfield and Mr. Paul W. Walter, for plaintiff.

Messrs. Calfee, Fogg, McChord & Halter, Mr. Richard J. Cusick, Jr., and Mr. A. A. Sommer, Jr., for defendants Fisher Bros, and individual directors.

Messrs. Thompson, Hine & Flory and Mr. Timothy F. McMahon, for defendants Fazio Corporations and Fazios individually.

Messrs. Kohrman, Kohrman & Madorsky and Mr. S. Lee Kohrman, for defendants Costa Corporations and Costas individually.

Mr. Morton M. Stotter, for defendants Seaway Foods, Inc.

THOMAS, J.

Owner of 250 shares of common stock of Fisher Foods, Inc., the plaintiff brings this derivative suit principally to enjoin defendant Fisher and the defendant Fazio-Costa Corporations, their directors and representatives from consummating and effectuating the merger of these companies.

Defendants admit that they "would not have commenced or prosecuted this action upon plaintiff's demand as no wrongful act has been committed by any director or officer...

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