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AIENA v. OLSEN

Nos. 98 Civ. 5549(LAK), 97 Civ. 8713(LAK).

37 F.Supp.2d 303 (1999)

Sam W. AIENA, et al., Plaintiffs, v. David A. OLSEN, et al., Defendants. Burt N. Sempier, Plaintiff, v. David A. Olsen, et al., Defendants.

United States District Court, S.D. New York.

March 10, 1999.

Attorney(s) appearing for the Case

Michael L. Hirschfeld, Harry W. Lipman, Courtney E. Scott, Thomas E. Chase, Milbank, Tweed, Hadley & McCloy LLP, for Plaintiffs in Aiena Action.

Sarah L. Kambour, Riker, Danzig, Scherer, Hyland & Perretti LLP, for Plaintiff in Sempier Action.

Paul C. Saunders, Elizabeth L. Grayer, Cravath, Swaine & Moore, for Individual Defendants.

William P. Frank, Marco E. Schnabl, Skadden, Arps, Slate, Meagher & Flom LLP, for Johnson & Higgins, Inc.

MEMORANDUM OPINION

KAPLAN, District Judge.

In March 1997, the shareholders of Johnson & Higgins ("J & H"), a large and well known insurance firm, sold all of their common stock to Marsh & McLennan ("Marsh"). At the same time, the plaintiffs, twenty retired J & H directors whose contracts gave them a right to share in certain of J & H's income for the ten year periods following their respective retirements, and the other similarly situated...

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