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LOENGARD v. SANTA FE INDUSTRIES, INC.

No. 82 Civ. 7919 (KTD).

639 F.Supp. 673 (1986)

Richard O. LOENGARD, Jr., et al., Plaintiffs, v. SANTA FE INDUSTRIES, INC., et al., Defendants.

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

As Amended September 12, 1986.

Attorney(s) appearing for the Case

Leventritt Lewittes & Bender, Garden City, N.Y., for plaintiffs; Sidney Bender, of counsel.

Rogers & Wells, New York City, for defendants; Guy Quinlan, of counsel.

MEMORANDUM & ORDER

KEVIN THOMAS DUFFY, District Judge:

Plaintiffs bring this action pursuant to New York's Martin Act, Gen.Bus.Law § 352-c (McKinney 1984). Plaintiffs are minority shareholders who were "cashed out" pursuant to a 1974 short-form merger between Kirby Lumber Corporation ("Kirby") and Santa Fe Natural Resources, Inc. ("Resources"). The defendants are Kirby Forest Products, Inc. (formerly known as

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