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AGOSTINO v. HICKS

C.A. No. 20020-NC.

845 A.2d 1110 (2004)

Ray AGOSTINO, individually and on behalf of all others similarly situated, Plaintiff, v. Thomas O. HICKS, Jack D. Furst, James N. Mill, Timothy L. Conlon, Richard W. Vieser, Kenneth F. Yontz, Thomas H. O'Brien, Brian Mulroney, David M. Sindelar, Hicks, Muse, Tate & Furst Incorporated, HMTF/Viasystems Partners, L.P., Hicks, Muse, Tate & Furst Equity Fund III, L.P., HM3 Coinvestors, L.P., HMTF Equity Fund IV (1999), L.P., HMTF Private Equity Fund IV (1999), L.P., Hicks, Muse PG-IV (1999) C.V., HM4-SBS (1999) Coinvestors, L.P. and HM4-EQ (1999) Coinvestors, L.P., Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: March 11, 2004.

Revised: March 22, 2004.

Attorney(s) appearing for the Case

Pamela S. Tikellis and Robert J. Kriner, Jr., of Chimicles & Tikellis, LLP, Wilmington, Delaware, Robert S. Green and Robert A. Jigarjian, of Green & Jigarjian LLP, San Francisco, California, for Plaintiff, of counsel.

James L. Holzman and Paul A. Fioravanti, Jr., of Prickett, Jones & Elliott, P.A., Wilmington, Delaware, Robert C. Walters and William L. Wallander, of Vinson & Elkins L.L.P., Dallas, Texas, for Defendants, of counsel.

MEMORANDUM OPINION

CHANDLER, Chancellor.

Pending before the Court is defendants' motion to dismiss plaintiff's amended complaint on the ground that it states derivative, as opposed to individual or direct, claims. Plaintiff was a shareholder of Viasystems Group, Inc. ("Viasystems" or the "Company") until his shares were eliminated without consideration after the Company filed for bankruptcy. For the reasons detailed below, I hold that the complaint...

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