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MALDONADO v. FLYNN

No. 77 Civ. 3180.

485 F.Supp. 274 (1980)

William MALDONADO, Plaintiff, v. William H. FLYNN, Sam Israel, Jr., A. G. Gueymard, J. B. Harrison, Ronald C. Lassiter, B. J. Mackin, Michael R. Naess, Eugene F. Shiels, Robert B. Wall and Zapata Corporation, Defendants.

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

January 24, 1980.

Attorney(s) appearing for the Case

Garwin & Bronzaft, New York City, for plaintiff; Sidney L. Garwin, New York City, of counsel.

George A. Burrell, P.C., New York City, for defendant Zapata Corp.

Rogers & Wells, New York City, for individual defendants.

OPINION

EDWARD WEINFELD, District Judge.

This is a stockholder's derivative suit on behalf of Zapata Corporation ("Zapata"), a Delaware corporation, against nine of its past and present directors. Initially, claims were asserted under sections 10(b), 14(a) and 7 of the Securities Exchange Act (the "1934 Act") and the rules thereunder, and under the common law. All were based upon a modification in 1974 of Zapata's stock option plan by its board of directors...

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