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HORWITZ v. SOUTHWEST FOREST INDUSTRIES, INC.

No. CV-R-84-467-ECR.

612 F.Supp. 179 (1985)

Martin HORWITZ, individually in Claims 1, 3 and 4 and derivatively in the right of Southwest Forest Industries, Inc., in Claims 2 and 3, Plaintiff, v. SOUTHWEST FOREST INDUSTRIES, INC., and William A. Franke, Defendants.

United States District Court, D. Nevada.

June 21, 1985.

Attorney(s) appearing for the Case

John Frankovich, Reno, Nev., and Allan R. Tessler, Sheldon D. Camhy, Kurt Hunciker and John G. Nicolich, New York City, for plaintiff.

Albert F. Pagni, Reno, Nev., Charles F. Richards, Jr., Donald A. Bussard, Jesse A. Finkelstein, Gregory P. Williams, Gregory V. Vallallo, C. Stephen Bigler, Allen M. Terrell, Jr., Wilmington, Del., for Southwest.

Peter D. Laxalt, Richard L. Davenport, Reno, Nev., for William Franke.

MEMORANDUM DECISION AND ORDER

EDWARD C. REED, Jr., District Judge.

The plaintiff is a shareholder of defendant Southwest Forest Industries, Inc. (SFI). Defendant Franke is the president, chief executive officer, and a member of the board of directors of SFI. Nevada is the State of incorporation of SFI, but its principal place of business is in Arizona. Mr. Franke is a resident of Arizona. The plaintiff is a citizen...

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