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GRACE HOLDINGS, L.P. v. SUNSHINE MIN. AND REFINING

Civ. A. No. 95-38 MMS.

901 F.Supp. 853 (1995)

GRACE HOLDINGS, L.P., an Illinois Limited Partnership, Plaintiff, v. SUNSHINE MINING AND REFINING COMPANY, a Delaware corporation, Defendant.

United States District Court, D. Delaware.

September 19, 1995.

Attorney(s) appearing for the Case

Josy W. Ingersoll, Esq., of Young, Conaway, Stargatt & Taylor, Wilmington, Delaware; Of Counsel: Scott E. Early, Esq., of Foley & Lardner, Chicago, Illinois; for plaintiff.

Samuel A. Nolen, Esq., Daniel A. Dreisbach, Esq., Todd C. Schlitz, Esq., and Catherine G. Wagner, of Richards, Layton & Finger, Wilmington, Delaware; Of Counsel: Evans, Keane, Boise, Idaho; for defendant.

MURRAY M. SCHWARTZ, Senior District Judge.

Plaintiff Grace Holdings, L.P. ("Grace Holdings") has filed a complaint against defendant Sunshine Mining and Refining Company ("Sunshine") alleging breach of an agreement, titled "Certificate of Designation, Rights and Preferences of the $11.94 Cumulative Redeemable Preferred Stock," under which Grace Holdings retains over 800,000 shares of Sunshine Preferred Stock. Before the Court is Grace Holdings' motion for leave to...

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