Opinion
No. 08-2899-cv.
September 15, 2008.
Appeal from the June 11, 2008 decision by the United States District Court for the Southern District of New York (Kaplan, J.) declining to enjoin respondents from voting shares of CSX stock at the 2008 CSX Annual Meeting. CSX Corp. v. Children's Inv. Fund Mgmt. (UK) LLP, 562 F.Supp.2d 511 (S.D.N.Y. 2008).
ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the decision not to enjoin the voting of the shares is AFFIRMED.
Christopher Landau, P.C., Kirkland Ellis LLP, Washington, D.C., for Petitioners.
Rory O. Millson, Cravath, Swaine Moore LLP, New York, NY, for Respondent.
Present: Hon. JON O. NEWMAN, Hon. RALPH K. WINTER, and Hon. GUIDO CALABRESI, Circuit Judges.
SUMMARY ORDER
We decide that issue alone at this time. An opinion of the court will follow.