CITY TRADING FUND v. NYE

651668/14, 8976, 8975.

171 A.D.3d 508 (2019)

98 N.Y.S.3d 158

2019 NY Slip Op 02789

City Trading Fund et al., Appellants, v. C. Howard Nye et al., Defendants. Chapter IV Investors, LLC, et al., Objectors-Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 11, 2019.


Plaintiffs seek approval of a disclosure-only settlement of litigation arising in connection with defendant Martin Marietta Materials, Inc.'s (MMM) acquisition of defendant Texas Industries, Inc. (TXI).

Plaintiffs place undue reliance on this Court's decision in City Trading Fund v Nye (144 A.D.3d 595 [1st Dept 2016]), which concerned preliminary approval of the disclosure-only putative class action settlement and thus involved...

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