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W. R. GRACE & CO. v. HARGADINE

Nos. 17518-17520.

392 F.2d 9 (1968)

W. R. GRACE & CO., Plaintiff-Appellant, v. Clyde C. HARGADINE, Defendant-Appellee. W. R. GRACE & CO., Plaintiff-Appellant, v. INTERCONTINENTAL CHEMICAL CORPORATION and Universal Chemicals, Inc., Defendants-Appellants. W. R. GRACE & CO., Plaintiff-Appellant, v. Clyde C. HARGADINE, Intercontinental Chemical Corporation and Universal Chemicals, Inc., Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

March 27, 1968.

Attorney(s) appearing for the Case

Thomas D. Heekin, and Robert T. Keeler, Cincinnati, Ohio, for W. R. Grace & Co.; Robert T. Keeler, Cincinnati, Ohio, on brief; Taft, Stettinius & Hollister, Cincinnati, Ohio, of counsel.

John S. Stith and James G. Headley, Cincinnati, Ohio, for Clyde C. Hargadine-Intercontinental Chemical Corporation and Universal Chemicals, Inc.; Frost & Jacobs, Cincinnati, Ohio, of counsel.

Before O'SULLIVAN, EDWARDS and COMBS, Circuit Judges.

EDWARDS, Circuit Judge.

These appeals record the bitter struggle which ensued when one industrial giant (W. R. Grace & Co.) sought first to merge with and then to purchase all the assets of another company (DuBois Chemicals, Inc.). The merger was defeated by the fact that two-thirds of DuBois' stockholders failed to approve it. The purchase was finally accomplished with the approval of a majority of the stockholders of DuBois.

But the purchase of all assets...

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