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EGLESTON v. McCLENDON

No. 111,833. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

318 P.3d 210 (2013)

2014 OK CIV APP 11

Gregory M. EGLESTON, derivatively on behalf of Chesapeake Energy Corporation, Plaintiff/Appellant, v. Aubrey K. McCLENDON, Merrill A. Miller, V. Burns Hargis, Louis Allen Simpson, Archie W. Dunham, Bob G. Alexander, Vincent J. Intrieri, R. Brad Martin, Frederic M. Poses, Charles T. Maxwell, Richard K. Davidson, Kathleen M. Eisbrenner, Donald L. Nickles And Frank A. Keating, Defendants/Appellees, and Chesapeake Energy Corporation, Nominal Defendant/Appellee.

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

December 19, 2013.

Attorney(s) appearing for the Case

Mark A. Waller , David Jorgenson , Sneed Lang P.C., Tulsa, Oklahoma, for Appellant

Spencer F. Smith , McAfee & Taft, A Professional Corporation, Oklahoma City, Oklahoma, for Appellee Chesapeake Energy Corporation.

LARRY JOPLIN, Chief Judge.

¶ 1 Plaintiff/Appellant Gregory M. Egleston (Plaintiff), derivatively on behalf of Chesapeake Energy Corporation, seeks review of the trial court's order granting the motion to dismiss of Nominal Defendant/Appellee Chesapeake Energy Corporation (Chesapeake). Plaintiff asserts the trial court erred in dismissing his Verified Shareholder's Derivative and Demand Refused Petition on the finding that Chesapeake's current Board of Directors...

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