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NELSON v. GAMMON

No. 79-3649.

647 F.2d 710 (1981)

Frank NELSON et al., Plaintiffs-Appellants, v. Joseph A. GAMMON et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided May 7, 1981.

Attorney(s) appearing for the Case

Leon Seidman, Louisville, Ky., Frederick Beihl, Shook, Hardy & Bacon, Kansas City, Mo., for plaintiffs-appellants.

Fred M. Goldberg, Jonathan D. Goldberg, Bert Combs, H. Alexander Campbell, Louisville, Ky., for defendants-appellees.

Before LIVELY and MERRITT, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

PER CURIAM.

This is a shareholders' derivative action filed by two stockholders. Jurisdiction is based upon diversity of citizenship. Kentucky law controls. Erie Railroad Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938).

The action arose out of the merger of National Industries, Inc. (National) and Fuqua Industries, Inc. (Fuqua). Appellant Nelson owned 100 shares of National common stock and appellant...

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