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  5. 185 Cal.App.3d 784 (1986)
 

KIRSCHNER BROTHERS OIL, INC. v. NATOMAS CO.

Docket Nos. A030416, A029167.

185 Cal.App.3d 784 (1986)

229 Cal. Rptr. 899

KIRSCHNER BROTHERS OIL, INC., et al., Plaintiffs and Appellants, v. NATOMAS COMPANY et al., Defendants and Respondents. DAVID R. KOTOK et al., Plaintiffs and Appellants, v. NATOMAS COMPANY et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Three.

September 19, 1986.

Attorney(s) appearing for the Case

COUNSEL

David B. Gold, Paul F. Bennett, Solomon B. Cera, Barrack, Rodos & Bacine, Leonard Barrack, Gerald Rodos, Saul, Ewing, Remick & Saul, J. Dennis Faucher and Kevin R. Reitz for Plaintiffs and Appellants.

Melvin R. Goldman, David G. Robertson, Vincent J. Chiarello, Morrison & Foerster, James K. Haynes, Ronald Hayes Malone, Barbara Moses and Orrick, Herrington & Sutcliffe for Defendants and Respondents.

OPINION

SCOTT, J.

Plaintiffs, all holders of Natomas Company (Natomas) preferred stock, filed similar actions against Natomas, one of its directors, and Diamond Shamrock Corporation. Plaintiffs sought to enjoin a proposed merger, as well as damages for breach of fiduciary duty. After a preliminary injunction was denied, the merger or reorganization was effected. According to its terms, each share of Natomas preferred was exchanged...

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