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REIMEL v. MacFARLANE

Civil No. 97-1553(JRT/RLE).

9 F.Supp.2d 1062 (1998)

Patricia C. REIMEL, individually and derivatively as a shareholder of Otter Tail Power Company, Plaintiff, v. John C. MacFARLANE, et al., Defendants.

United States District Court, D. Minnesota.

June 23, 1998.

Attorney(s) appearing for the Case

Samuel E. Heins, Bryan L. Crawford, Stacey L. Mills, Heins, Mills & Olson, Minneapolis, MN, Jay W. Eisenhofer, Stuart M. Grant, Abbott A. Leban, Grant & Eisenhofer, Wilmington, DE, for Plaintiff.

Roger J. Magnuson, David Youngert Trevor, Dorsey & Whitney, Minneapolis, MN, for Defendants.

MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS' MOTION TO DISMISS

TUNHEIM, District Judge.

This matter is before the Court on defendants' motion to dismiss this shareholder derivative action on the ground that the plaintiff failed to make a demand on defendant Otter Tail Power Company's ("Otter Tail") board of directors and failed to articulate why she is excused from the demand requirement. In the alternative, defendants move to certify the question of...

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