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LOCKSPEISER v. WESTERN MARYLAND CO.

No. 84-1874.

768 F.2d 558 (1985)

Sanford E. LOCKSPEISER, Cincinnati, Ohio, suing on behalf of himself and all other shareholders of Western Maryland Company similarly situated, Appellants, v. WESTERN MARYLAND COMPANY and CSX Corporation and CSX Minerals, Inc., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 15, 1985.

Attorney(s) appearing for the Case

Richard S. Wayne, Cincinnati, Ohio (Gene Mesh, Mark Huller, Jean E. Bendon, Gene Mesh Co., L.P.A., Cincinnati, Ohio, Herbert E. Milstein, Steven J. Toll, Kohn, Milstein, Cohen & Hausfeld, Washington, D.C., William Sammons, Tydings & Rosenberg, Baltimore, Md., on brief), for appellant.

K. Dennis Sisk, Richmond, Va. (James E. Farnham, Hunton & Williams, Richmond, Va., C. Keith Meiser, Baltimore, Md., on brief), for appellees.

Before WIDENER and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.

BUTZNER, Senior Circuit Judge:

Sanford E. Lockspeiser, a Western Maryland Company shareholder, appeals the judgment of the district court dismissing his class action against Western Maryland, CSX Corporation, and CSX Minerals, Inc., pursuant to Fed.R.Civ.P. 12(b). Lockspeiser alleged violations of the Securities Exchange Act arising from Western Maryland's merger into CSX Minerals, a wholly-owned CSX subsidiary. He also alleged breach of state law fiduciary duties...

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