Kohn v. American Metal Climax, Inc.

FINDINGS OF FACT, CONCLUSIONS OF LAW, OPINION AND ORDER.

MAS.TERSON, District Judge.

I. FINDINGS OF FACT

A. NATURE OF ACTION AND JURISDICTION.

1. This is an action brought in three counts by plaintiff, Harold E. Kohn, trustee for the Pension Plan of Harold E. Kohn, P.A., attorneys-at-law, against defendants, American Metal Climax, Inc., (AMAX) and Roan Selection Trust, Ltd., (RST). It is brought both as a derivative action on behalf of RST and as a class action on behalf of all shareholders of RST, except AMAX, and principally seeks to enjoin AMAX from acquiring some of the assets of RST…