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MILLS v. ESMARK, INC.

No. 81 C 1877.

573 F.Supp. 169 (1983)

Caryn J. MILLS and Susan Mills, not individually but derivatively on behalf of Esmark, Inc., a Delaware corporation, Plaintiffs, v. ESMARK, INC., a Delaware corporation; Donald P. Kelly; 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.

September 6, 1983.

Attorney(s) appearing for the Case

John C. DeWolfe, Jr., Richard J. Stevens and Lawrence C. Mills, Chicago, Ill., for plaintiffs.

Michael Shakman, Krupp & Miller, Robert J. Kriss, Mayer, Brown & Platt, 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' allegations arose from the assignment and award of restricted Esmark common stock and performance units to key employees in 1979, 1980 and 1981 pursuant to a Long-Term...

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