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Monday, April 10, 2023 9:24:29 PM
A takings claim, Breyer said bring a takings claim.
JUSTICE BREYER: -- and this seems like a takings claim, why should we stretch out of recognition or stretch or try to draw lines unnecessarily on the question of derivative actions? Page 71
JUSTICE BREYER: I'm -- I'm aware of derivative action of the conservator. In fact, he so -- goes so far that the company's hurt, really hurt, and the shareholders are destroyed, bring a takings claim, but as long as there's a colorable claim, as long as there's a colorable defense, forget it. Apply ordinary derivative law. Page 71
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