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SHAPER v. BRYAN

No. 1-05-3849.

864 N.E.2d 876 (2007)

Serene SHAPER and Lionel Brazen, Plaintiffs-Appellants, v. John H. BRYAN, Stephen B. Burke, James S. Crown, James Dimon, Dr. Maureen A. Fay, O.P., John R. Hall, Laban P. Jackson, Jr., John W. Kessler, Robert I. Lipp, Richard A. Manoogian, David C. Novak, John W. Rogers, Jr. and Frederick R. Stratton, Jr., Defendants-Appellees (Bank One Corporation, Nominal Defendant).

Appellate Court of Illinois, First District, Fourth Division.

March 8, 2007.

Attorney(s) appearing for the Case

Krislov & Associates, Ltd., Chicago (Clinton A. Krislov, of counsel), for Appellant.

Sidley Austin, LLP (Kathleen L. Roach, Courtney A. Rosen and Matthew B. Kilby, of counsel) and JP Morgan Chase Legal Dept. (Julie A. Lepri, of counsel), Chicago, for Appellee.

Presiding Justice QUINN delivered the opinion of the court:

Plaintiff shareholders of the former Bank One Corporation (Bank One) filed a complaint against certain members of the board of directors (Board), alleging that the Board breached its fiduciary duties during the negotiation and approval of Bank One's merger with J.P. Morgan Chase & Co. (J.P. Morgan). The circuit court granted defendants' motion to dismiss plaintiffs' second amended complaint with prejudice...

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