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MONOGRAM INDUSTRIES v. ROYAL INDUSTRIES

372 A.2d 171 (1976)

MONOGRAM INDUSTRIES, INC., a Delaware Corporation, Defendant below, Appellant, v. ROYAL INDUSTRIES, INC., a Delaware Corporation, Plaintiff below, Appellee.

Supreme Court of Delaware.

Decided December 3, 1976.

Opinion February 18, 1977.

Attorney(s) appearing for the Case

Rodman Ward, Jr., James L. Holzman, and John H. Small, of Prickett, Ward, Burt & Sanders, Wilmington, and Skadden, Arps, Slate, Meagher & Flom, New York City, of counsel, for defendant below, appellant.

S. Samuel Arsht, Lewis S. Black, Jr., Lawrence C. Ashby, of Morris, Nichols, Arsht & Tunnell, Wilmington, for plaintiff below, appellee.

Before HERRMANN, Chief Justice, DUFFY and McNEILLY, Justices.

HERRMANN, Chief Justice.

This appeal requires construction of the following underlined provisions of the recently amended Delaware Corporation Law pertaining to tender offers, 8 Del.C. § 203:

"§ 203. Tender Offers. "(a) No offeror shall make a tender offer unless: "(1) Not less than 20 nor more than 60 days before the date the tender offer is to be made, the offeror shall...

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