If we were not taken, we would probably be trading around 185. today.
First, this is supposition that would never hold up in court.
Second, even assuming your hypothetical scenario is true (which cannot be assumed by a court), anyone who bought shares after September 6 2008 might not have done so if they had remained above $60 (or above $7, for that matter). Therefore, by your logic, if you bought your shares after that date, you wouldn't be able to participate in any award.