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The court will give other stockholders the opportunity to allege the same claims as the stockholders who sold their stock back to the corporation. If no other stock holder comes forward to prosecute the litiagation assuming the corporation itself will not pursue the litigation, then the case will be dismissed. The stockholders who originally brought the suit no longer have a stake in the suit and their position is now assumed by the corporation. However, the same officers and directors who were the target of the suit would now be in a position to terminate the suit and avoid the liability. The court would give the other stockholders an opportunity to pursue the derivitive action. If no one did then, the corporation could terminate the suit of its own accord. The defendants would not have a basis for terminating the case simply because their was a change in the identity of the stockholders. The claim is that of the corporation and a change in stockholders do not alter the corporation's claim.
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