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JAHNCKE SERVICE, INCORPORATED v. OKC CORP.

Civ. A. No. 3728.

301 F.Supp. 866 (1969)

JAHNCKE SERVICE, INCORPORATED, Plaintiff, v. OKC CORP., Defendant.

United States District Court D. Delaware.

July 1, 1969.

Attorney(s) appearing for the Case

James M. Tunnell, Jr., Morris, Nichols, Arsht & Tunnell, Wilmington, Del., and Henry P. Sailer, Covington & Burling, Washington, D. C., of counsel, for plaintiff.

Rodney M. Layton, Richards, Layton & Finger, Wilmington, Del., and John F. Arning, Sullivan & Cromwell, New York City, of counsel, for defendant.

OPINION

LATCHUM, District Judge.

This is a civil antitrust suit brought by Jahncke Service, Incorporated (Jahncke) against OKC Corp. (OKC). The complaint seeks (a) to enjoin OKC from carrying out a plan to acquire control of Jahncke through the acquisition of its common stock by way of a tender offer to Jahncke's stockholders and (b) to recover treble damages. Jahncke bases its action on Section 7 of the Clayton Act, 15 U.S.C. § 18, alleging that an...

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