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INTERNATIONAL BROTHERHOOD OF TEAMSTERS GENERAL FUND v. FLEMING COMPANIES

No. 90,185.

975 P.2d 907 (1999)

1999 OK 3

INTERNATIONAL BROTHERHOOD OF TEAMSTERS GENERAL FUND, Plaintiff/Appellees, v. FLEMING COMPANIES, INC., Defendant/Appellant.

Supreme Court of Oklahoma.

January 26, 1999.

Attorney(s) appearing for the Case

Maynard Ungerman, Randall L. Iola, Ungerman & Iola, Tulsa, Oklahoma, Richard G. McCracken, Michael T. Anderson, San Francisco, CA, For Plaintiff/Appellees.

John N. Hermes, Oklahoma City, Oklahoma, McAfee & Taft, Of Counsel, Oklahoma City, Oklahoma, For Defendant/Appellant.

SIMMS, J.

¶ 1 The United States Court of Appeals, Tenth Circuit, John C. Porfilio, Presiding Judge, pursuant to 20 O.S.1991, § 1601, certified to the Oklahoma Supreme Court the following question of law:

Does Oklahoma law [A] restrict the authority to create and implement shareholder rights plans exclusively to the board of directors, or [B] may shareholders propose resolutions requiring that shareholder...

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