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GILES v. ICG, INC.

Civil Action No. 3:11-0330.

789 F.Supp.2d 706 (2011)

Steven M. GILES and Mayer Friedman, individually and on behalf of all others similarly situated, Plaintiffs, v. ICG, INC., f/k/a International Coal Group, Inc., Wilbur L. Ross, Jr., Bennett K. Hatfield, Wendy L. Teramoto, Maurice E. Carino, Jr., Stanley N. Gaines, Samuel A. Mitchell, Cynthia B. Bezik, William J. Catacosinos, Arch Coal, Inc., and Atlas Acquisition Corp., Defendants.

United States District Court, S.D. West Virginia, Huntington Division.

May 27, 2011.

Attorney(s) appearing for the Case

Gregory M. Nespole, Wolf Haldenstein Adler Freeman Hertz, Joseph E. Levi, Robert H. Lefkowitz, Levi and Korsinsky, New York, NY, Guy R. Bucci, Bucci Bailey & Javins, Charleston, WV, for Plaintiffs.

Edward D. McDevitt, Bowles Rice McDavid Graff & Love, Thomas V. Flaherty, Flaherty Sensabaugh & Bonasso,, Charleston, WV, George S. Wang, Paul C. Curnin, Simpson Thacher & Bartlett, New York, NY, for Defendants.

MEMORANDUM OPINION AND ORDER

ROBERT C. CHAMBERS, District Judge.

This is a shareholder challenge to a two-step acquisition in which a third-party corporation has agreed to commence a tender offer for a majority of the target corporation's stock, followed by a back-end merger into a subsidiary of the acquirer. Pending are various motions filed by the parties. For the reasons that follow, the Court GRANTS in part and DENIES in part...

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