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CLEARY v. AMERICAN CAPITAL, LTD.

Civil Action No. 13-12652-RGS.

59 F.Supp.3d 249 (2014)

Gregory CLEARY and John Daniele, on behalf of themselves and all others similarly situated v. AMERICAN CAPITAL, LTD.

United States District Court, D. Massachusetts.

Signed November 14, 2014.

Attorney(s) appearing for the Case

David C. Tufts, M. Vance McCrary, Mary E. Olsen, The Gardner Firm, P.C., Mobile, AL, Jesse Ian Redlener, Dalton and Finegold, LLP, Andover, MA, Stuart J. Miller, Lankenau & Miller LLP, New York, NY, for Gregory Cleary and John Daniele, on behalf of themselves and all others similarly situated.

David B. Bergman, John P. St. Leger, Matthew D. Keiser, Robert A. Derise, Arnold & Porter LLP, Washington, DC, Andrew P. Botti, McLane, Graf, Raulerson & Middleton, P.A., Woburn, MA, for American Capital, Ltd.

MEMORANDUM AND ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

The issue in this case is whether a private equity firm seeking to protect its shareholders' stake in a failing company succeeded in negotiating the delicate boundary between permissible self-help and de facto corporate control so as to avoid...

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