ORDER
PRESNELL, District Judge.
THIS CAUSE comes before the Court upon Defendant's Motion to Dismiss counts I and II of the complaint (Doc. 40, filed July 1, 2002), to which Plaintiff has responded in opposition. (Doc. 44, filed July 16, 2002.)
I. BACKGROUND
A. Duda & Sons, Inc. ("the Company") moves to dismiss a shareholder derivative suit brought by Elizabeth Duda Kloha ("Kloha") against the Company and six of its ten directors...
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