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EAGLE v. AMERICAN TEL. AND TEL. CO.

No. 84-1636.

769 F.2d 541 (1985)

Alexander F. EAGLE, Plaintiff-Appellant, v. AMERICAN TELEPHONE AND TELEGRAPH COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

August 19, 1985.

Attorney(s) appearing for the Case

Samuel L. Holmes, Angell, Holmes & Lea, San Francisco, Cal., for plaintiff-appellant.

Gary L. Simms, Richard W. Odgers, Pillsbury, Madison & Sturo, San Francisco, Cal., for defendant-appellee.

Before CHOY, CANBY and NORRIS, Circuit Judges.

CANBY, Circuit Judge:

Pacific Telephone and Telegraph was ordered to refund $381 million in rate overcharges in 1980. That refund precipitated this lawsuit. Alexander F. Eagle filed a class action on behalf of Pacific's minority shareholders against Pacific's majority shareholder American Telephone and Telegraph (ATT), alleging that ATT breached its fiduciary duty owed to the minority shareholders. After the complaint was filed, ATT purchased the plaintiffs' shares...

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