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In re Cal-Maine Foods S'holders Litig.

Court of Chancery of Delaware

October 31, 2003, Decided; October 31, 2003, Filed

C.A. No. 20507

Opinion

 [*1] STIPULATED ORDER VACATINGOCTOBER 4, 2003 AMENDED ORDER OF CONSOLIDATION

WHEREAS, on September 25, 2003, Plaintiffs Twin Valley Farms Exchange, Inc., Leon Eshelman, Gary Eshelman, Valerie Eshelman, Pamela Fredericks, and Terry Bixler filed a motion and papers in support thereof seeking leave to intervene (the "Motion to Intervene") as plaintiffs and putative class representatives pursuant to Rule 24(b) in this consolidated putative class proceeding;

WHEREAS, the Motion to Intervene was thereafter resolved and otherwise mooted by agreement of counsel, which agreement was memorialized in pertinent part by an Order submitted to and signed by the Court on September 29, 2003 and entered of record on September 30, 2003 (docket entry no. 30); and

WHEREAS, on October 4, 2003 the Court signed the Amended Order of Consolidation originally submitted with the Motion to Intervene, the subject matter of which previously had been resolved by the Order signed on September 29, 2003;

IT IS HEREBY AGREED TO AND STIPULATED AMONG COUNSEL that the Amended Order of Consolidation signed by the Court on October 4, 2003 and entered of record at docket entry no. 29 is VACATED, and that the Order signed by the Court [*2]  on September 29, 2003 and entered of record on September 30, 2003 at docket entry no. 30 remains in full force and effect.

/s/ [Micheal J. Hanrahan]

Michael J. Hanrahan, Esquire

Gary F. Traynor, Esquire

PRICKETT, JONES & ELLIOTT

1310 King Street, Box 1328

Wilmington, DE 19899

/s/ [signature]

Lawrence B. Ashby, Esquire

Philip Trainer, Jr., Esquire

ASHBY & GEDDES

222 Delaware Avenue

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2003 Del. Ch. LEXIS 184 *

IN RE CAL-MAINE FOODS, INC. SHAREHOLDERS LITIGATION

Notice: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL.

CORE TERMS

signature, Consolidation, Intervene, docket entry, putative class