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GREEN v. SANTA FE INDUSTRIES, INC.

No. 74 Civ. 3915 CLB.

391 F.Supp. 849 (1975)

S. William GREEN, et al., Plaintiffs, v. SANTA FE INDUSTRIES, INC., et al., Defendants.

United States District Court, S. D. New York.

March 27, 1975.

Attorney(s) appearing for the Case

Leventritt, Lewittes & Bender by Sidney Bender, New York City, for plaintiffs.

Rogers & Wells, New York City by William R. Glendon and Guy C. Quinlan, New York City, for defendants Santa Fe Industries, Inc., Santa Fe Natural Resources, Inc. and Kirby Lumber Corp.

Davis, Polk & Wardwell by S. Hazard Gillespie, James W. B. Benkard, and Charles R. Morgan, New York City, for defendant Morgan Stanley & Co.

MEMORANDUM AND ORDER

BRIEANT, District Judge.

Plaintiffs seek to maintain this purported class action on behalf of all of the former shareholders of Kirby Lumber Corporation ("Kirby"), a Delaware corporation, who were offered or received cash for their shares when Kirby and Forest Products, Inc. ("FPI") were merged. Plaintiffs also sue derivatively to enforce the rights of Kirby as it existed prior to the merger...

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