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DEUTSCH v. FLANNERY

No. 85-1953.

823 F.2d 1361 (1987)

Samuel DEUTSCH, Plaintiff-Appellant, v. Robert G. FLANNERY, Robert C. Marquis, Richard W. Stumbo, Jr., Walter J. Treanor, John G. Bannister, Wayne T. Donnels, John G. McDonald, Justin M. Roach Jr., Joseph Rosenblatt, Western Pacific Railroad Company and Union Pacific Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 31, 1987.

Attorney(s) appearing for the Case

Richard M. Meyer, New York City, for plaintiff-appellant.

Kurt W. Melchior, San Francisco, Cal., Leonard Joseph, New York City, for defendant-appellee.

Before CHAMBERS, FLETCHER and NELSON, Circuit Judges.

NELSON, Circuit Judge:

Samuel Deutsch appeals from an order of the district court granting defendants' motion to dismiss his action on behalf of persons who sold their shares of Western Pacific Railroad Company ("WesPac") in response to a 1980 tender offer by Union Pacific Corporation ("Union Pacific"). Having determined that the complaint before him was "substantially identical" to a complaint previously filed by Deutsch in another court and dismissed there without...

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