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IN RE CHESAPEAKE SHAREHOLDERS DERIVATIVE

Case Number: 108146.

470 P.3d 359 (2011)

2013 OK CIV APP 91

IN RE: CHESAPEAKE SHAREHOLDERS DERIVATIVE LITIGATION. Shareholders of Chesapeake Energy Corporation, Plaintiffs/Appellants, v. Chesapeake Energy Corporation, Defendant/Appellee.

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

Mandate Issued: October 23, 2013.

Attorney(s) appearing for the Case

John E. Barbush , Oklahoma City, Oklahoma, for Plaintiffs/Appellants, Robin Winchester, BARROWAY, TOPAZ, KESSLER, MELTZER & CHECK, LLP, Radnor, Pennsylvania, for Plaintiff/Appellant, Firefighters Pension and Relief Fund for the City of New Orleans and York County Employees' Retirement Board, Timothy A. Lelange, BERNSTEIN, LITOWITZ, BERGER & GROSSMANN, LLP, San Diego, California, for Plaintiff/Appellant, Louisiana School Employees' Retirement System and New Orleans Employees' Retirement System, Marc I. Gross, POMERANTZ, HAUDEK, GROSSMAN & GROSS, LLP, New York, New York, for Plaintiff/Appellant, Louisiana Police Employees' Retirement System, James R. Webb, McAFEE & TAFT, Oklahoma City, Oklahoma, and Robert P. Varian , ORRICK, HERRINGTON & SUTCLIFFE, LLP, San Francisco, California, for Defendant/Appellee.

¶1 This appeal seeks review of the dismissal of an amended Verified Consolidated Shareholder Derivative Petition for Breach of Fiduciary Duties, Waste, Unjust Enrichment, and Insider Selling. Appellants contend the basis for dismissal, their failure to make a demand on the defendants before instituting...

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