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IN RE BROWNING-FERRIS SHAREHOLDERS DERIVATIVE LIT.

Civ. A. Nos. H-91-3142, H-91-3638 and H-91-3568.

830 F.Supp. 361 (1993)

In re BROWNING-FERRIS INDUSTRIES, INC. SHAREHOLDER DERIVATIVE LITIGATION.

United States District Court, S.D. Texas, Houston Division.

March 3, 1993.

Attorney(s) appearing for the Case

Eugene A. Spector, Philadelphia, PA, Richard D. Greenfield, Greenfield & Chimicles, Haverford, PA, plaintiffs.

Rufus Wallingford, Fulbright & Jaworski, Houston, TX, Samuel J. Buffone, Ropes and Gray, Washington, DC, J. Eugene Clements, Porter & Clements, Houston, TX, W. Boone Vastine, II, Browning Ferris Industries, Houston, TX, for defendants.

MEMORANDUM AND ORDER

ROSENTHAL, District Judge.

This consolidated amended complaint alleges two claims for relief against the individual defendants, officers or members of the Board of Directors of Browning Ferris Industries ("BFI"). Plaintiffs, shareholders of BFI, allege proxy fraud under section 14(a) of the Securities Exchange Act of 1934, 15 U.S.C. sec. 78m(a) and Rule 14a-9, 17 C.F.R. § 240 (Count I), and under the disclosure requirements of Delaware...

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