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COTTLE v. STORER COMMUNICATION, INC.

Nos. 87-5669, 87-5805.

849 F.2d 570 (1988)

Michael Eden COTTLE, derivatively and individually and in a representative capacity, Plaintiff-Appellant, v. STORER COMMUNICATION, INCORPORATED, an Ohio Corporation, Nominal Defendant-Appellee. Kenneth L. Bagwell, et al., Defendants-Appellees. Michael Eden COTTLE, Plaintiff-Appellant, v. STORER COMMUNICATION, INC., an Ohio corporation, Nominal Defendant-Appellee, Kenneth L. Bagwell, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 14, 1988.

Attorney(s) appearing for the Case

Marshall Patner, Robert A. Holstein, Holstein, Mack & Dupree, Chicago, Ill., for plaintiff-appellant.

Earl D. Waldin, Jr., Kelley, Drye & Warren, Miami, Fla., for Storer.

Fredric J. Zepp, Latham & Watkins, New York City, Jonathan Rosenberg, Michael J. Chepiga, Simpson, Thacher & Bartlett, New York City, for Kohlberg, Kravis & Roberts.

Before FAY and VANCE, Circuit Judges, and HOFFMAN, Senior District Judge.

VANCE, Circuit Judge:

This is a shareholder derivative action involving white knights, poison pills, shark repellants, stalking horses, crown jewels, hello fees, goodbye fees and asset lock-up options. The district court granted summary judgment in favor of the defendants. Although summary judgments should be granted sparingly in these kinds of cases, we believe that this is a case where summary judgment is appropriate. We therefore affirm.

I.

Storer...

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