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GARBER v. LEGO

No. 92-3620.

11 F.3d 1197 (1993)

Alexander GARBER, Appellant, v. Paul E. LEGO, David T. McLaughlin, Richard R. Pivirotto, Theodore Stern, Robert W. Campbell, John B. Carter, Rene C. McPherson, Richard M. Morrow, Frank C. Carlucci, Barbara Hackman Franklin, Hays T. Watkins and Westinghouse Electric Corporation, Appellees.

United States Court of Appeals, Third Circuit.

Decided December 16, 1993.

Attorney(s) appearing for the Case

Roger W. Kirby (Argued), Irving Malchman, Kaufman, Malchman, Kaufman & Kirby, New York City, H. Yale Gutnick, Strassburger McKenna Gutnick & Potter, Pittsburgh, PA, for appellant.

Dennis J. Block (Argued), Stephen A. Radin, Darla C. Stuckey, Weil, Gotshal & Manges, New York City, Joseph A. Katarincic, Terrance J. O'Rourke, Katarincic & Salmon, Pittsburgh, PA, for all appellees except Westinghouse Elec. Corp.

Leonard Fornella, Polito & Smock, P.C., Pittsburgh, PA (William F. Stoll, Jr., John J. Neeley, Westinghouse Elec. Corp. Law Dept., Pittsburgh, PA, of counsel), for appellee Westinghouse Elec. Corp.

Before: BECKER, HUTCHINSON and ROTH, Circuit Judges.

OPINION OF THE COURT

ROTH, Circuit Judge:

This case arises from a dispute over monetary awards from corporate incentive funds to officers and employees of Westinghouse Electric Corporation ("Westinghouse"). Alexander Garber, a holder of Westinghouse common stock, brought a shareholder derivative suit against the individual members of Westinghouse's board of directors in response to the incentive awards. The derivative suit sought damages on behalf of Westinghouse...

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