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LEWIS v. CHILES

No. 82-3486.

719 F.2d 1044 (1983)

Harry LEWIS, Plaintiff-Appellant, v. Earle A. CHILES, Howard Burnett, Virgil Campbell, Earl M. Chiles, Cyril K. Green, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 4, 1983.

Attorney(s) appearing for the Case

Irving Bizar, Pincus, Munzer, Bizar & D'Alessandro, New York City, Bruce M. Hall, Portland, Or., for plaintiff-appellant.

James N. Westwood, Miller, Nash, Yerke, Wiener & Hager, Barbee B. Lyon, Tonkon, Torp, Marmaduke & Booth, Robert L. Allen, Morrison, Dunn, Carney, Allen & Tongue, James H. Clarke, Spears, Lubersky, Campbell & Bledsoe, Henry Kantor, Phil Goldsmith, John D. Ryan, Portland, Or., for defendants-appellees.

Before SNEED, FARRIS and CANBY, Circuit Judges.

FARRIS, Circuit Judge:

Harry Lewis, a citizen of New York and a stockholder in Fred Meyer, Inc., an Oregon corporation, filed this shareholder derivative action on June 18, 1980. Federal jurisdiction was based on diversity of citizenship. 28 U.S.C. § 1332. During the pendency of the action the shareholders of Fred Meyer, Inc., approved the sale of the corporation's assets to two companies for a price of fifty-five dollars...

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