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MILLS v. ESMARK, INC.

No. 81 C 1877.

544 F.Supp. 1275 (1982)

Caryn J. MILLS and Susan M. Mills, not individually but derivatively on behalf of Esmark, Inc., a Delaware corporation, Plaintiffs, v. ESMARK, INC., a Delaware corporation; Donald P. Kelley; Roger T. Briggs; Edward J. Harrison; William P. Carmichael; Geoffrey C. Murphy; Robert E. Palenchar; Jay D. Proops; Philip L. Thomas; Earl J. Grimm; Jack A. Vickers; Samuel B. Casey, Jr.; Lester Crown; Archie R. Dykes; Jerome C. Eppler; William B. Johnson; James J. O'Connor; Richard Terrell; and Elmo R. Zumwalt, Jr., Defendants.

United States District Court, N. D. Illinois, E. D.

August 16, 1982.

Attorney(s) appearing for the Case

John C. DeWolfe, Jr., Chicago, Ill., for plaintiffs.

Mayer Brown & Platt, Krupp & Miller, Chicago, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Plaintiffs, Caryn J. Mills and Susan M. Mills, brought this derivative action on behalf of Esmark, Inc. ("Esmark") against the corporation, its directors and certain of its officers. Plaintiffs allege that the assignment and award of restricted Esmark common stock and performance units to key employees of the corporation in 1979 and 1980 violated Esmark's Long Term Growth Plan ("LTGP"), the Delaware Constitution...

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