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SEC Tells 5th Circ. Kroger Vote Moots Conservative Proxy Suit

By Jessica Corso (September 15, 2023, 10:03 PM EDT) -- The U.S. Securities and Exchange Commission is urging the Fifth Circuit to throw out a case accusing it of discriminating against conservative shareholders, saying the accusation is not only baseless but pointless since The Kroger Co. allowed shareholders to vote on the activist proposal at the heart of the lawsuit despite the SEC's assurance that doing so wasn't necessary....

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