District Court, W.D. Kentucky September 5, 1979, C 77-0514-L(B) (Nelson v. Gammon)

MEMORANDUM OPINION

BALLANTINE, District Judge.

This action arose out of the merger between National Industries, Inc. (National) and Fuqua Industries, Inc. (Fuqua). Plaintiffs, Frank Nelson and Hyman Swolsky, filed a shareholders’ derivative suit on behalf of National in October, 1977, three months prior to National’s merger into Fuqua.