Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
In this shareholder derivative suit alleging that defendant-corporate officers violated their fiduciary duties to defendant-corporations, where plaintiffs alleged demand futility as to Medco's board but had made demand on Merck's board for this derivative suit, which it refused, after investigation, defendants' attaching Merck's investigatory report to their motion to dismiss converted that motion to a motion for summary judgment and the demand-refusal issue is remanded to be decided on summary judgment.
January 02, 2006 at 12:00 AM
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