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PLAINE v. McCABE

No. 83-6552.

790 F.2d 742 (1986)

Carol PLAINE, Plaintiff-Appellant, v. B.C. McCABE, Joseph W. Aidlin, Thomas C. Hinrichs, Frank M. Swirles, Andrew W. Hoch, B.C. McCabe, Jr., Magma Power Company, Natomas Company, Natomas Energy Company, NEC Acquisition Co., and Magma Geysers, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 27, 1986.

Attorney(s) appearing for the Case

Marc M. Seltzer, Corniblit, Shapero & Seltzer, Los Angeles, Cal., Robert A. Skirnick and Septhen D. Oestreich, Wolf, Popper, Ross, Wolf & Jones, New York City, for plaintiff-appellant.

Alan E. Friedman, Tuttle & Taylor, Lorraine L. Loder and Jeffrey Z.B. Springer, Demetriou, Del Guercio & Lovejoy, Los Angeles, Cal., for defendants-appellees.

Before GOODWIN, FLETCHER, and PREGERSON, Circuit Judges.

PREGERSON, Circuit Judge:

Appellant Carol Plaine, a former shareholder of Magma Power Company ("Magma"), brought suit against Natomas Company ("Natomas"), Magma, and various individual officers of both companies alleging violations of section 14(e) of the Securities and Exchange Act of 1934, as amended, 15 U.S.C. § 78n(e) (1982) ("the Act"), and state securities laws in connection with Natomas' tender offer to, and eventual merger with, Magma. The district court...

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