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BEHLING v. RUSSELL

Nos. CV 99-165-M-DWM, CV 02-15-M-DWM.

293 F.Supp.2d 1178 (2003)

Gerald A. BEHLING, Paul Browning, Rick Buchanan, Sharon Childress, Tari R. Conroy, Phillip Cook, Robert "Mike" Frisbie, Lyle Goracke, Robert J. Hackel, David O. Hall, Michael Heller, Gregg Holt, Robert House, Stuart "Curtis" Ingraham, Ray Luchi, Steven Norman Mosbrucker, Dave Osborn, Randy Rennaker, Scott Allen Rotering, Dwayne Springer, Michael John Steele, Dan Wiseman, Sr., Dan Wiseman, Jr., and Brandon Zeiler, on their own behalf and as representatives of similarly situated Plan Participants of the Darby Lumber, Inc. Employee Stock Ownership Plan and Trust, Plaintiffs, v. Robert E. RUSSELL, Peggy Russell, Darby Lumber, Inc., and John Does 1-10, Defendants.

United States District Court, D. Montana.

December 3, 2003.

ORDER

MOLLOY, Chief Judge.

I. Introduction

The parties to a number of related cases arising out of the Darby Lumber, Inc. Employee Stock Ownership Plan transaction and subsequent Darby Lumber bankruptcy held a settlement conference in Billings, Montana in late September. Judge Richard Cebull presided over the negotiations, which produced a tentative agreement on September 25, 2003. Attorneys representing...

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