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ABBEY v. CONTROL DATA CORP.

No. 79-1058.

603 F.2d 724 (1979)

Arthur N. ABBEY, on behalf of himself and on behalf of all shareholders of Control Data Corporation, Derivatively, Appellant, v. CONTROL DATA CORPORATION, a nominal defendant herein, and Norbert R. Berg, Thomas G. Kamp, William R. Keye, Robert M. Price, Robert D. Schmidt, William C. Norris, Marvin G. Rogers, and the present and former officers and employees of Control Data Corporation, and its subsidiaries who were granted stock options which have been or may be exercised by them pursuant to the Executive Performance and Retention Plan and Control Data Corporation's Employees' Non-Qualified Stock Option Plan, hereinafter called the "Plans", Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 6, 1979.

Attorney(s) appearing for the Case

Gene Mesh, Gene Mesh Co., Cincinnati, Ohio, for appellant; Floyd E. Boline, Chestnut, Brooks & Burkard, Minneapolis, Minn., and James W. Schlueter, Cincinnati, Ohio, on briefs.

Daniel M. Gribbon, Covington & Burling, Washington, D. C., for appellee Control Data Corp.; Charles Lister, Margaret E. Clark, Washington, D. C., and Richard G. Lareau, Oppenheimer, Wolff, Foster, Shepard & Donnelly, Minneapolis, Minn., on brief.

Gerald E. Magnuson, of Lindquist & Vennum, Minneapolis, Minn., for appellee, individuals; Mark R. Johnson, Minneapolis, Minn., on brief.

Before LAY, BRIGHT and HENLEY, Circuit Judges.

HENLEY, Circuit Judge.

Arthur N. Abbey appeals the judgment of the district court1 dismissing his stockholders' derivative suit against Control Data Corporation (CDC). Abbey v. Control Data Corp., 460 F.Supp. 1242 (D.Minn.1978). We affirm.

Abbey brought this class action pursuant to Fed.R.Civ.P. 23.1 to compel seven senior officers and directors of CDC to repay $1,381,000 in civil and...

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