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CITY TRADING FUND v. NYE

651668/2014

59 Misc.3d 477 (2018)

72 N.Y.S.3d 371

2018 NY Slip Op 28030

CITY TRADING FUND et al., Plaintiffs, v. C. HOWARD NYE et al., Defendants.

Supreme Court, New York County.

Decided February 8, 2018.

Attorney(s) appearing for the Case

Mintz & Gold LLP and The Brualdi Law Firm, P.C. for plaintiffs.

Cravath, Swaine & Moore LLP for Martin Marietta Materials, Inc. and others, defendants.

Wachtell, Lipton, Rosen & Katz, for Texas Industries, Inc., defendant.

OPINION OF THE COURT

I. Introduction

This case concerns the acquisition of Texas Industries, Inc. (TXI) by Martin Marietta Materials, Inc. (the Company), a North Carolina corporation. The plaintiffs, stockholders of the Company,1 filed this action on May 30...

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