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GERBER PRODUCTS CO. v. ANDERSON, CLAYTON & CO.

Docket No. 77-1857.

76 Mich. App. 410 (1977)

256 N.W.2d 754

GERBER PRODUCTS COMPANY v. ANDERSON, CLAYTON & COMPANY

Michigan Court of Appeals.

Decided June 10, 1977.

Attorney(s) appearing for the Case

Warner, Norcross & Judd (by William K. Holmes, Ernest M. Sharpe, and Eugene E. Smary), for plaintiff.

Varnum, Riddering, Wierengo & Christenson (by Jon F. Dewitt and Dennis C. Kolenda) and Miller, Canfield, Paddock and Stone (by Richard B. Gushee and Wolfgang Hoppe) (Davis, Polk & Wardwell, by Richard E. Nolan, of counsel), for defendant Anderson, Clayton & Company.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Harry G. Iwasko, Jr., and Marc A. Goldman, Assistants Attorney General, for Director, Corporation and Securities Bureau.

Before: R.B. BURNS, P.J., and ALLEN and D.E. HOLBROOK, JR., JJ.

PER CURIAM.

This is an appeal of right from a judgment of the Newaygo County Circuit Court, made final pursuant to GCR 1963, 518.2, dismissing Count I of plaintiff's complaint, a petition for superintending control, for lack of jurisdiction.

This litigation arises out of a take-over offer made by Anderson, Clayton & Co. As delay in decision would work to the detriment of Anderson, Clayton, and in light of the fact plaintiff has filed a motion to expedite...

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