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DARROW v. SOUTHDOWN, INC.

Nos. 76-3782, 76-3915.

574 F.2d 1333 (1978)

Stella DARROW et al., Plaintiffs-Appellees, v. SOUTHDOWN, INC., et al., Defendants, D. Doyle Mize and the Addis Corporation, Defendants-Appellants. Charles F. SPALDING et al., Plaintiffs-Appellees, v. SOUTHDOWN, INC., et al., Defendants, D. Doyle Mize and the Addis Corporation, Defendants-Appellants. Ray W. CUMMINGS et al., Plaintiffs-Appellees, v. SOUTHDOWN, INC., a corporation, et al., Defendants-Appellees, D. Doyle Mize, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 2, 1978.

Attorney(s) appearing for the Case

Robert A. Hall, Roger R. Wright, Jr., Houston, Tex., for defendants-appellants.

Joe H. Reynolds, Houston, Tex., for Stella Darrow, et al.

Kenneth R. Wynne, H. Bruce Golden, Houston, Tex., for Charles Spalding, et al.

Larry F. York, Houston, Tex., for Southdown, Inc. and B. J. Mackin.

William E. Matthews, Houston, Tex., for Florian, Sundt & Gow.

Robert H. Singleton, Houston, Tex., for Storey.

B. J. Bradshaw, Alton F. Curry, Houston, Tex., for other interested parties.

Joe H. Reynolds, Houston, Tex., Richard C. Coburn, St. Louis, Mo., for Ray W. Cummings, et al.

Robert H. Singleton, Houston, Tex., for Storey.

Larry F. York, Houston, Tex., for Chadwick, Gueymard, Horlock, Houston, Mackin, Sheets, Guenther.

B. J. Bradshaw, Alton F. Curry, Kenneth R. Wynne, Houston, Tex., for Southdown.

Robert A. Hall, Roger R. Wright, Jr., Houston, Tex., for defendants-appellants.

Before BROWN, Chief Judge, AINSWORTH and VANCE, Circuit Judges.

JOHN R. BROWN, Chief Judge:

We have before us two appeals taken from one settlement agreement approved by two District Court Judges in partial resolution of three class action-shareholders' derivative suits. The defendants-appellants, D. Doyle Mize (Mize), and his wholly owned company, the Addis Corporation (Addis), claim that the District Court Judges approved the settlement agreement without holding the requisite hearings, without sufficiently evaluating its terms...

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