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CARRAMERICA REALTY CORP. v. KAIDANOW

Nos. 01-7167, 01-7175.

321 F.3d 165 (2003)

CARRAMERICA REALTY CORPORATION, et al., Appellants, v. Joseph KAIDANOW and Robert A. Arcoro, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided March 7, 2003.

Attorney(s) appearing for the Case

Kenneth C. Smurzynski argued the cause for appellants. With him on the briefs were Paul Martin Wolff, Eva Petko Esber, and Anthony T. Pierce.

Eric Seiler argued the cause for appellees. With him on the brief was Daniel B. Rapport.

Before: EDWARDS and SENTELLE, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge Sentelle.

SENTELLE, Circuit Judge:

This is an appeal from a summary judgment in favor of counterclaiming defendants asserting a shareholder derivative action in answer to a suit for declaratory judgment. In 1998, OmniOffices, Inc. (Omni) issued 5,535,353 non-voting common shares to its controlling shareholder, CarrAmerica Realty Corp. (CarrAmerica), at a price of $20.00 per share. In the face of challenges to the...

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