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BERTOGLIO v. TEXAS INTERN. CO.

Civ. A. No. 79-242.

488 F.Supp. 630 (1980)

John W. BERTOGLIO, James J. Ling, and Matrix, Inc., Plaintiffs, v. TEXAS INTERNATIONAL COMPANY, Defendant. TEXAS INTERNATIONAL COMPANY, Counterclaimant, v. James J. LING, John W. Bertoglio, and Texas International Company Stockholders Committee, Defendants on the Counterclaim.

United States District Court, D. Delaware.

Opinion on Motion for Reargument March 28, 1980.

Attorney(s) appearing for the Case

Richard L. Sutton, Martin P. Tully, A. Gilchrist Sparks, III, and Donald F. Parsons, Morris, Nichols, Arsht & Tunnell, Wilmington, Del., of counsel; James S. Ramsey, Jr., Richard Hull, and Timothy A. Duffy, Crutcher, Hull, Ramsey & Jordan, Dallas, Tex., for John W. Bertoglio, James J. Ling and Matrix, Inc.

William Prickett and Michael J. Hanrahan, Prickett, Sanders, Jones, Elliott & Kristol, Wilmington, Del., of counsel; Daniel S. Greenfeld, Robert L. Poyourow, and Fred N. Gerard, Marshall, Bratter, Greene, Allison & Tucker, New York City, Fred Bartlit, J. Landis Martin, George A. Joseph, and Philip J. Davis, Kirkland & Ellis, Chicago, Ill., for Texas Intern. Co.

OPINION

MURRAY M. SCHWARTZ, District Judge.

This action arose out of a proxy contest between the plaintiffs and the incumbent management of defendant Texas International Company ("TI" or "Company") in which three members of TI's staggered ten-member Board of Directors were to be elected. Both sides allege that the proxy materials sent by their opponents to the TI shareholders prior to the Company's May 31, 1979 annual shareholders' meeting were violative...

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