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HYNSON v. DRUMMOND COAL CO., INC.

Civ. A. No. 7904.

601 A.2d 570 (1991)

Richard HYNSON, Jr., et al., Plaintiffs, v. DRUMMOND COAL COMPANY, INC., et al., Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: June 14, 1991.

Attorney(s) appearing for the Case

Norman M. Monhait, of Morris, Rosenthal, Monhait & Gross, P.A., Wilmington, Lowey, Dannenberg, Bemporad & Selinger, P.C., New York City, for plaintiffs.

Richard L. Sutton, of Morris, Nichols, Arsht & Tunnell, Wilmington, Dennis G. Lyons, Hadrian R. Katz, Brendan Collins, and Michael E. Korens, of Arnold & Porter, Washington, D.C., for moving defendants.

OPINION

ALLEN, Chancellor.

Defendants in this stockholders' class action have moved, pursuant to Rule 60(b)(3) and Rule 23, for an order confirming (1) that they are guilty of no fraud or deception that taints the final judgment in this matter entered on February 1, 1990, and (2) that this case was properly certified as a class action under Rule 23(b)(1) and (2). Two factors occasion this motion. First, the certification of this action as a class action...

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