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The prior pleadings, in turn, allege as to damages that:
(1) The conduct of Boesky, Goldman, and others in connection with
the recapitalization violated both securities law and RICO;
(2) Boesky defrauded petitioner; (3) Boesky induced or
participated in a breach of fiduciary duty by Goldman; (4) Boesky
wrongfully interfered with petitioner's contractual relationship
with Goldman; and (5) Boesky, together with Goldman,
misappropriated petitioner's business and proprietary information
and wrongfully interfered with its prospective economic
relationship with its shareholders.3 The First Amended Complaint
alleges (and the other prior pleadings allege similarly) that
petitioner’s damages resulting from the illegal conduct of the
defendants include that
The price of FMC's common stock was wrongfully
manipulated, causing FMC to revise its planned
recapitalization and pay approximately $220 million
more in cash than FMC would have paid for its publicly
held common stock, tendered in response to FMC's offer
to purchase Old FMC Stock and to sell new FMC stock;
* * *
Each count of the prior pleadings, with the exception of one
count in the Second Amended Complaint, alleges that petitioner’s
damages exceeded $235 million. This amount corresponds to the
claimed theft loss in that it approximates the sum of the
3 The prior pleadings also allege fraudulent inducement,
negligence, breach of fiduciary duty, and breach of contract by
Goldman.
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