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IN RE GUIDANT SHAREHOLDERS DERIVATIVE

No. 94S00-0407-CQ-318.

841 N.E.2d 571 (2006)

In re GUIDANT SHAREHOLDERS DERIVATIVE LITIGATION. Kelbourne J. Ritter, et al., Plaintiffs, v. Ronald W. Dollens, et al., Defendants.

Supreme Court of Indiana.

February 2, 2006.

Attorney(s) appearing for the Case

Irwin B. Levin, Richard E. Shevitz, Scott D. Gilchrist, Eric S. Pavlack, James A.L. Buddenbaum, Anthony W. Patterson, Indianapolis, Darren J. Robbins, Randall J. Baron, Kevin K. Green, San Diego, CA, for Plaintiffs.

James H. Ham, III, John R. Schaibley, III, Indianapolis, Boris Feldman, Nina F. Locker, Keith E. Eggleton, Cheryl W. Foung, Palo Alto, CA, for Defendants.

Karl L. Mulvaney, Nana Quay-Smith, Indianapolis, for Amicus Curiae.

SHEPARD, Chief Justice.

The U.S. District Court of the Southern District of Indiana has asked us if passage of the Indiana Business Corporation Law in 1986 requires a shareholder commencing a derivative lawsuit to make a written demand on the corporation unless irreparable injury to the corporation would result, or if demand is still excused if it would be futile. Pursuant to Indiana Appellate Rule 64, Judge Sarah Evans...

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