I just read the Declaration page of the lawsuit and it appears to me that as stated they are moving to protect their position. I agree that they should. This will prove to be the best thing for the company. It forces the consolidation to be wrapped up and they are looking to get the shares promised in a growing concern with virtually an unknown market reach. They are hoping to force delivery of the stock. Just good business. If they didn't think the shares were going to be worth anything they wouldn't be pursuing this course.
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