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FISCHER v. CF & I STEEL CORP.

Nos. 82 Civ. 5424(MEL), 82 Civ. 6159(MEL).

614 F.Supp. 450 (1985)

Ethel FISCHER and Herbert Bonime, Plaintiffs, v. CF & I STEEL CORPORATION, Thomas M. Evans, Southern Pacific Company and Southern Pacific Transportation Company, Defendants. Mary MAYER, Plaintiff, v. CF & I STEEL CORPORATION, Thomas M. Evans, Southern Pacific Company and Southern Pacific Transportation Company, Defendants.

United States District Court, S.D. New York.

July 30, 1985.

Attorney(s) appearing for the Case

Milberg, Weiss, Bershad, Specthrie & Lerach, and Lowey, Dannenburg & Knapp, and Wolf, Popper, Ross, Wolf & Jones, New York City, for plaintiffs; Richard M. Meyer, Henry T. Brachtl and Robert Skirnick, New York City, of counsel.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for defendants CF & I Steel Corp. and Thomas Evans; Edward N. Costikyan, Steven E. Landers, Anne Louis Oates and Steven Gey, New York City, of counsel.

LASKER, District Judge.

In an earlier opinion, plaintiffs were found to lack standing to pursue their shareholder derivative suit because the corporation on whose behalf they sued, Southern Pacific Company (hereinafter referred to as "Southern Pacific") had been merged out of existence to form Santa Fe Southern Pacific Corporation (hereinafter referred to as "SFSP"). See Fischer v. CF & I Steel Corp., 599 F.Supp. 340

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