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MISSOURI PORTLAND CEMENT CO. v. CARGILL, INCORPORATED

No. 73 Civ. 5464.

375 F.Supp. 249 (1974)

MISSOURI PORTLAND CEMENT COMPANY, Plaintiff, v. CARGILL, INCORPORATED and the First Boston Corporation, Defendants.

United States District Court, S. D. New York.

April 15, 1974.

Attorney(s) appearing for the Case

Davis Polk & Wardwell, New York City, for plaintiff; Daniel F. Kolb, New York City, of counsel.

Lord, Day & Lord, New York City, for defendant Cargill, Inc.; John W. Castles, III, Gordon B. Spivack, New York City, of counsel.

Sullivan & Cromwell, New York City, for defendant The First Boston Corp.; John F. Arning, New York City, of counsel.

OPINION

STEWART, District Judge:

Background.

Federal courts have become a common arena in which tender offer battles are waged. The action before this Court began with an order to show cause why Cargill, Incorporated (Cargill) should not be restrained from continuing its cash tender offer to purchase all outstanding shares of Missouri Portland Cement Company (Missouri Portland). The action and...

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