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McDERMOTT INC. v. WHEELABRATOR-FRYE, INC.

No. 80-2306.

649 F.2d 489 (1980)

McDERMOTT INCORPORATED, Plaintiff-Appellee, v. WHEELABRATOR-FRYE, INC., Defendant-Appellant, Pullman Incorporated, Defendant.

United States Court of Appeals, Seventh Circuit.

Decided September 25, 1980.

Attorney(s) appearing for the Case

Robert F. Hanley, Jenner & Block, Chicago, Ill., Robert B. von Mehren, New York City, for defendant-appellant.

John W. Barnum, White & Case, New York City, for plaintiff-appellee.

Before FAIRCHILD, Chief Judge, and SWYGERT and PELL, Circuit Judges.

FAIRCHILD and SWYGERT, Circuit Judges.

Defendant-appellant, Wheelabrator-Frye, Inc. ("Wheelabrator"), and plaintiff-appellee, McDermott, Inc. ("McDermott"), are engaged in rival tender offers for ownership and control of Pullman Incorporated ("Pullman"). All three are large, highly diversified corporations. Late in the afternoon of September 19, 1980, McDermott moved in the district court for a temporary restraining order alleging that Wheelabrator had violated certain...

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