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AM. RETIREMENT FUND v. MACK

600359/2010.

30 Misc.3d 663 (2010)

SECURITY POLICE AND FIRE PROFESSIONALS OF AMERICA RETIREMENT FUND et al., Plaintiffs, v. JOHN J. MACK et al., Defendants.

Supreme Court, New York County.

Decided December 9, 2010.

Attorney(s) appearing for the Case

Simpson Thacher & Bartlett LLP ( Bruce D. Angiolillo and Jonathan D. Youngwood of counsel), for Roy J. Bostock and others, defendants. Cravath, Swaine & Moore LLP ( Evan R. Chesler and Daniel Slifkin of counsel), for John J. Mack and others, defendants. Grant & Eisenhofer P.A. ( Jay W. Eisenhofer , Hung G. Ta , Natalia D. Williams and Francis P. Karam of counsel), for plaintiffs.

OPINION OF THE COURT

SHIRLEY WERNER KORNREICH, J.

Motion sequence Nos. 001 and 002 are consolidated for disposition.

Security Police and Fire Professionals of America Retirement Fund and Arthur Murphy, Jr. are the lead plaintiffs in this derivative action brought on behalf of Morgan Stanley, a Delaware corporation, against individual, current and former Morgan Stanley directors and executive officers (collectively defendants) and, nominally, Morgan...

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