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NELSON v. GAMMON

No. C 77-0514-L(B).

478 F.Supp. 630 (1979)

Frank NELSON et al., Plaintiffs, v. Joseph A. GAMMON et al., Defendants.

United States District Court, W. D. Kentucky, Louisville Division.

September 5, 1979.

Attorney(s) appearing for the Case

Leon Seidman, Louisville, Ky., Frederick Beihl, Kansas City, Mo., for plaintiffs.

Fred Goldberg, Louisville, Ky., Bert T. Combs, H. Alexander Campbell, Louisville, Ky., for defendants.

MEMORANDUM OPINION

BALLANTINE, District Judge.

This action arose out of the merger between National Industries, Inc. (National) and Fuqua Industries, Inc. (Fuqua). Plaintiffs, Frank Nelson and Hyman Swolsky, filed a shareholders' derivative suit on behalf of National in October, 1977, three months prior to National's merger into Fuqua. Nelson owned 100 shares of National common stock and Swolsky owned 4,592 shares when the suit was filed. The defendants...

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