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LMPERS v. McCLENDON

No. 110426. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

307 P.3d 393 (2013)

2013 OK CIV APP 64

LOUISIANA MUNICIPAL POLICE EMPLOYEES' RETIREMENT SYSTEM, Louisiana School Employees Retirement System, New Orleans Employees' Retirement System, Firefighters Pension and Relief Fund for the City of New Orleans, and the York County Employees' Retirement System, Plaintiffs/Appellees, v. Aubrey McCLENDON, Richard Davidson, Pete Miller, Frank Keating, Breene Kerr, Charles Maxwell, Donald Nichols, Fred Whittemore, and Chesapeake Energy Corporation, Defendants/Appellees. M. Lee Arnold and James Clem, Appellants.

Court of Civil Appeals of Oklahoma, Division No. 1.

May 23, 2013.

Attorney(s) appearing for the Case

Kenyatta R. Bethea , Holloway, Bethea & Osenbaugh, P.L.L.C., Oklahoma City, Oklahoma, George C. Aguilar , Robbins, Umeda, L.L.P., San Diego, California, Michael I. Fistel, Jr. , Holzer, Holzer & Fistel, L.L.C., Atlanta, Georgia, for Appellants.

John E. Barbush , John E. Barbush, P.C., Oklahoma City, Oklahoma, for Appellees Louisiana Municipal Police Employees' Retirement System, Louisiana School Employees' Retirement System, New Orleans Employees' Retirement System, Firefighters Pension and Relief Fund for the City of New Orleans, and the York County Employees' Retirement System.

Spencer F. Smith , Timothy J. Bomhoff , McAfee & Taft, A Professional Corporation, Oklahoma City, Oklahoma, Robert P. Varian , Orrick, Herrington & Sutcliffe, L.L.P., San Francisco, California, for Appellees Aubrey McClendon, Richard Davidson, Pete Miller, Frank Keating, Breene Kerr, Charles Maxwell, Donald Nichols, Fred Whittemore, and Chesapeake Energy Corporation.

LARRY JOPLIN, Chief Judge.

¶ 1 Appellants M. Lee Arnold and James Clem (Objectors or Appellants) seek review of the trial court's order approving settlement of the underlying derivative action by and between Plaintiffs/Appellees Louisiana Municipal Police Employees' Retirement System, Louisiana School Employees' Retirement System, New Orleans Employees' Retirement System, Firefighters Pension and Relief Fund for the City of New Orleans, and the York County Employees...

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