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KAUFMAN v. KANSAS GAS AND ELEC. CO.

No. 85-1899-K.

634 F.Supp. 1573 (1986)

Ellen Rae KAUFMAN, Plaintiff, v. KANSAS GAS AND ELECTRIC COMPANY, Nominal Defendant, and Wilson K. Cadman, et al., Defendants.

United States District Court, D. Kansas.

May 29, 1986.

Attorney(s) appearing for the Case

Gene Mesh & Patricia A. Kindel, Cincinnati, Ohio, David M. Rapp, Wichita, Kan., for plaintiff.

Robert S. Medvecky, Reed & Priest, Washington, D.C., Richard C. Hite, Kahrs, Nelson, Fanning, Hite & Kellogg, Wichita, Kan., for nominal defendant.

MEMORANDUM AND ORDER

PATRICK F. KELLY, District Judge.

This case is before the Court on defendants' motion to dismiss for failure to comply with the "demand" requirement of F.R. Civ.P. 23.1. Plaintiff Ellen Rae Kaufman, a shareholder of Kansas Gas and Electric Company (KG & E), brought this derivative action for the benefit of KG & E, nominal defendant, against its Board of Directors, alleging waste...

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