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IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE MASON KIRBY, Derivatively on Behalf of BERKSHIRE HATHAWAY INC., Plaintiff, v. DAVID L. SOKOL, WARREN E. BUFFETT, CHARLES T. MUNGER, HOWARD G. BUFFETT, STEPHEN B. BURKE, SUSAN L. DECKER, WILLIAM H. GATES III, DAVID S. GOTTESMAN, CHARLOTTE GUYMAN, DONALD R. KEOUGH, THOMAS S. MURPHY, RONALD L. OLSON and WALTER SCOTT JR., Defendants, and BERKSHIRE HATHAWAY INC., Nominal Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) C.A. No. Plaintiff brings this action derivatively on behalf of nominal defendant, Berkshire Hathaway Inc. (“Berkshire” or the “Company”), and alleges upon personal knowledge as to himself and his own acts, and as to all other matters upon information and belief as follows: VERIFIED SHAREHOLDER DERIVATIVE COMPLAINT 1. This is a shareholder derivative action, brought by a shareholder of Berkshire, on behalf of the Company against certain of its officers, directors and former executives seeking to remedy defendants’ breaches of fiduciary duties and obtain disgorgement of profits unlawfully obtained and recovery for damages caused to Berkshire, such as to its reputation and goodwill. NATURE AND SUMMARY OF THE ACTION EFiled: Apr 18 2011 5:15PM EDT Transaction ID 37101494 Case No. 6392-

EFiled: Apr 18 2011 5:15PM EDT Transaction ID 37101494 ...files.courthousenews.com/2011/04/20/Buffett.pdfApr 20, 2011  · In a press release issued on March 14, 2011 Berkshire announced

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