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JONES v. NUCLEAR PHARMACY, INC.

No. 83-2264.

741 F.2d 322 (1984)

Ellen JONES, Plaintiff-Appellee, Leo P. Portnoy, Applicant-in-Intervention-Appellant, v. NUCLEAR PHARMACY, INC., a New Mexico corporation, and Robert Lee Sanchez, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 22, 1984.

Attorney(s) appearing for the Case

Jerrold M. Shapiro, Chicago, Ill. (John E. Farrow of Fairfield, Farrow, Hunt, Reecer & Strotz, Albuquerque, N.M., with him on the briefs), for applicant-in-intervention-appellant.

Philip R. Schichtel of Sutin, Thayer & Browne, Albuquerque, N.M., for appellee Nuclear Pharmacy Inc.

William Michael Roberts of Johnson, Grusin, Kee & May, P.C., Memphis, Tenn. (David N. Hernandez, Albuquerque, N.M., with him on brief), for appellee Robert Lee Sanchez.

Seymour A. Oliff, Chicago, Ill., and K. Dianne Katz, Albuquerque, N.M., on brief, for plaintiff-appellee Ellen Jones.

Before HOLLOWAY, DOYLE and McKAY, Circuit Judges.

McKAY, Circuit Judge.

This is an appeal from the trial court's order approving the terms of a settlement agreement in a shareholder's derivative suit. We are asked to review whether the trial court violated the constitutional process due an objecting shareholder by failing to hear live testimony at the settlement hearing.

This case was fraught with the kinds of acrimonious assaults, vitriolic comments and contumacious behavior that all too frequently plague...

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