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JONES v. NATIONAL DISTILLERS & CHEM. CORP.

No. 77 Civ. 3646.

484 F.Supp. 679 (1979)

Beatrice JONES, on behalf of herself and all others similarly situated, Plaintiff, v. NATIONAL DISTILLERS AND CHEMICAL CORPORATION, Almaden Vineyards, Inc., Drummond C. Bell, Frederick H. Bruenner and United States Trust Company of New York as Executors of the Estate of John E. Bierwirth, William A. Dieppe, John P. McClellan, Ramsey E. Joslin, Thomas J. Grady, John F. Salisbury, Atherton Phleger and Emmett G. Solomon, Defendants.

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

October 10, 1979.

Attorney(s) appearing for the Case

Milberg, Weiss, Bershad & Specthrie, New York City, Fine, Kaplan & Black, Philadelphia, Pa., Aaron M. Fine, Allen D. Black, Seth F. Kreimer, Philadelphia, Pa., of counsel, for plaintiff.

Breed, Abbott & Morgan, New York City, Stephen R. Lang, C. MacNeil Mitchell, Eric M. Nelson, New York City, of counsel, for defendants.

MEMORANDUM OPINION

MOTLEY, District Judge.

Plaintiff in this action challenges the fairness of the terms of the merger whereby Almaden Vineyards, Inc. ("Almaden") became a wholly owned subsidiary of National Distillers and Chemical Corporation ("National"), with the Almaden public shareholders receiving $12.25 per share for their stock. Plaintiff's second amended complaint alleges violations by defendants of Section 14(a) of the Securities Exchange Act of...

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