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Re: riorancho post# 1190

Thursday, 06/19/2003 9:11:49 PM

Thursday, June 19, 2003 9:11:49 PM

Post# of 3329
Rio, here is again:

"69. The fifth Bloyed factor likewise militates in favor of the settlement. Plaintiffs contend that, according to Loch Harris’s articles of incorporation and amendments, it appears there are more shares outstanding than were properly authorized. Loch Harris’s records, however, lack detail on this point and especially on whether appropriate consideration was given for those improperly authorized shares. Piecing together a provable measure of damages would involve a great deal of time by financial experts and would be costly and uncertain. See Counsel Aff. ¶¶ 64-65."
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