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MARTIN v. DRUMMOND CO., INC.

Nos. 1930066 to 1930070.

663 So.2d 937 (1995)

John H. MARTIN, et al. v. DRUMMOND COMPANY, INC., et al. AmSOUTH BANK, as Trustee of the Leo Mendel Family Trust, et al. v. DRUMMOND COMPANY, INC., et al. Arthur B. DURKEE, Jr., et al. v. DRUMMOND COMPANY, INC., et al.

Supreme Court of Alabama.

July 7, 1995.

Attorney(s) appearing for the Case

Clarence M. Small, Jr., Thomas W. Christian, Deborah Alley Smith and Rhonda Pitts Chambers of Rives & Peterson, and James L. North and J. Timothy Francis of James L. North & Associates, Birmingham, for John H. Martin, et al.

Hobart A. McWhorter, Jr., T. Michael Brown and Matthew H. Lembke of Bradley, Arant, Rose & White, Birmingham, for Arthur B. Durkee, Jr., et al.

Alton B. Parker, Jr., Steve R. Burford and Damon P. Denney of Spain, Gillon, Grooms, Blan & Nettles and James D. Pruett, Birmingham, for AmSouth Bank, et al.

Michael L. Edwards of Balch & Bingham, Birmingham, for Drummond Company, Inc. and Drummond Coal Sales, Inc.

William Anthony Davis III and W. Stancil Starnes of Starnes & Atchison, Birmingham, for Elbert A. Drummond and Garry N. Drummond.

J. Mark White, Birmingham, for Charles W. Adair and the Estate of R. Weaver Self.

William J. Baxley and Joel Dillard of Baxley, Dillard, Dauphin & McKnight, Birmingham, for Joseph E. Nicholls, Jr.

ALMON, Justice.

The plaintiffs, former holders of stock in Alabama By-Products Corporation ("ABC"), appeal from a summary judgment for the defendants on the plaintiffs' claims that the defendants acquired their stock through coercion, fraud, or breach of fiduciary duty. The same claims were presented in a class action in the Delaware Chancery Court of New Castle County, Hynson v. Drummond Corp. (CV 7904, Del.Ch.1990), and were extinguished in a settlement awarding...

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