OPINION
LATCHUM, Senior District Judge.
On June 27, 1983, this Court, in an action arising out of the same facts as this case, and brought on behalf of the same class of shareholders which this plaintiff purports to represent, dismissed the complaint which alleged violations under section 14(e) of the Securities Exchange Act of 1934, 15 U.S.C. § 78n(e) (1976). Schreiber v. Burlington Northern, Inc.,
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