IN RE FUQUA INDUSTRIES SHAREHOLDER LIT.

Civil Action No. 11974.

752 A.2d 126 (1999)

In re FUQUA INDUSTRIES, INC. SHAREHOLDER LITIGATION.

Court of Chancery of Delaware, New Castle County.

Decided: October 14, 1999.

Revised: December 2, 1999.


Attorney(s) appearing for the Case

Pamela S. Tikellis and James C. Strum, of Chimicles & Tikellis LLP, Wilmington, and Joseph A. Rosenthal, of Rosenthal, Monhait, Gross & Goddess, Wilmington; of counsel: Lowell E. Sachnoff and Duane F. Sigelko, of Sachnoff & Weaver, Ltd., Chicago, Illinois; and David Schachman, of David Schachman and Associates, P.C., Chicago, Illinois; Mark C. Gardy and Judith Spanier, of Abbey Gardy & Squitieri, LLP, New York, New York; Scott Fisher, of Garwin, Bronzaft, Gerstein & Fisher, New York, New York; Curtis V. Trinko, of Law Office of Curtis V. Trinko, New York, New York; Robert I. Harwood, of Wechsler Harwood Halebian & Feffer, LLP, New York, New York, for Plaintiffs and Executive Committee Members.

Donald J. Wolfe, Jr. and Kevin R. Shannon, of Potter Anderson & Corroon, Wilmington, Delaware; of counsel: Richard M. Kirby, of Jones, Day, Reavis & Pogue, Atlanta, Georgia, for Defendants Carl E. Sanders and John B. Zellars.

R. Franklin Balotti, Anne C. Foster and Peter B. Ladig, of Richards, Layton & Finger, Wilmington,, for Nominal Defendant Fuqua Industries, Inc.

Thomas Reed Hunt, Jr. and David J. Teklits, of Morris, Nichols, Arsht & Tunnell, Wilmington, for Defendant J.B. Fuqua.

Edward P. Welch and Randolph K. Herndon, of Skadden, Arps, Slate, Meagher & Flom, Wilmington, for Defendants Charles R. Scott and Thomas N. Warner.


OPINION

CHANDLER, Chancellor.

In the eighth year of this protracted derivative litigation, defendants deposed the two derivative plaintiffs in whose names this litigation is prosecuted, Virginia Abrams and Alan Freberg. In the course of the depositions, defendants determined that Abrams and Freberg were unfamiliar with many of the facts and allegations involved in this lawsuit. Defendants now point to plaintiffs' alleged unfamiliarity and ask this...

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