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H. K. PORTER COMPANY, INC. v. NICHOLSON FILE COMPANY

Nos. 73-1023, 73-1024.

482 F.2d 421 (1973)

H. K. PORTER COMPANY, INC., Plaintiff-Appellee, v. NICHOLSON FILE COMPANY et al., Defendants-Appellants. H. K. PORTER COMPANY, INC., Plaintiff-Appellant, v. NICHOLSON FILE COMPANY et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided July 30, 1973.

Attorney(s) appearing for the Case

Edward L. Maggiacomo, and John F. Corrigan, Providence, R. I., with whom Adler, Pollock & Sheehan, Providence, R. I., was on briefs, for H. K. Porter Company, Inc.

Edward F. Hindle, Providence, R. I., with whom John H. Blish, and Edwards & Angell, Providence, R. I., were on briefs, for Nicholson File Co. and others.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

On March 7, 1972, the H. K. Porter Company (Porter) mailed tender offers to the stockholders of Nicholson File Company (Nicholson), obligating itself to buy 437,000 shares of Nicholson common stock at $42 per share by April 4, 1972, or any extension of that date. Only 132,292 shares were tendered by the actual closing date, April 14, 1972, which shares Porter bought. Porter brought this action for damages in the district court against...

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