IN RE PERRIGO CO.

No. 97-1372.

128 F.3d 430 (1997)

In re PERRIGO COMPANY, Petitioner.

United States Court of Appeals, Sixth Circuit.

Decided October 23, 1997.


Attorney(s) appearing for the Case

Joe A. Sutherland and Peter J. Meyer (argued), Gary W. Garner (briefed), Katherine N. O'Connell, Patrick J. Kelleher, Gardner, Carton & Douglas, Chicago, IL, Stephen D. Turner, Law, Weathers & Richardson, Grand Rapids, MI, for Petitioner.

Joel Seligman (argued), University of Arizona College of Law, Tuscon, AZ, M. Clay Ragsdale (briefed), Law Offices of M. Clay Ragsdale, Birmingham, AL, Steven E. Cauley (briefed), Little Rock, AR, for Respondent.

Before: WELLFORD, MOORE, and COLE, Circuit Judges.


WELLFORD, J., delivered the opinion of the court, in which COLE, J., joined. MOORE, J. (441-449) delivered a separate opinion concurring in part and dissenting in part.

OPINION

WELLFORD, Circuit Judge.

Plaintiffs filed a stockholder's derivative action on behalf of the corporation involved in this controversy, Perrigo Company ("Perrigo"), which has its principal place of business in Allegan County, Michigan. Plaintiffs, non-residents of Michigan...

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