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M.J. WHITMAN v. AMERICAN FIN. ENTERPRISES

No. C-1-81-841.

552 F.Supp. 17 (1982)

M.J. WHITMAN & CO., INC. PENSION PLAN, Plaintiff, v. AMERICAN FINANCIAL ENTERPRISES, INC., et al., Defendants.

United States District Court, S.D. Ohio, W.D.

December 8, 1982.

Attorney(s) appearing for the Case

Gene Mesh, Cincinnati, Ohio, for plaintiff.

Louis F. Gilligan, Cincinnati, Ohio, for defendants.

ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

CARL B. RUBIN, Chief Judge.

This matter is before the Court upon defendants' Motion for Summary Judgment, plaintiff's memorandum contra the Motion, and defendants' reply memorandum.1 Although defendants raise three separate grounds in support of their Motion, we find it necessary to address only the first.

Plaintiff brought this derivative action under the Investment...

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