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CURTISS-WRIGHT CORP. v. KENNECOTT CORP.

No. 80 Civ. 6643.

504 F.Supp. 1044 (1980)

CURTISS-WRIGHT CORPORATION et al., Plaintiffs, v. KENNECOTT CORPORATION et al., Defendants.

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

December 26, 1980.

Attorney(s) appearing for the Case

Wachtell, Lipton, Rosen & Katz, New York City, for plaintiffs; Bernard W. Nussbaum, Lawrence B. Pedowitz, New York City, Barry A. Weprin, Brooklyn, N. Y., of counsel.

Sullivan & Cromwell, New York City, for defendants; Marvin Schwartz, David B. Tulchin, and Jane B. Baron, New York City, of counsel.

Mordecai Rosenfeld, New York City, for intervenor.

OPINION AND FINDINGS

MILTON POLLACK, District Judge.

THE COURT: This is an application for a preliminary injunction. The defendant Kennecott has made a tender offer to purchase up to 49 percent of the common stock of the plaintiff Curtiss-Wright for a price of $40 a share. The offer is scheduled to expire on December 26, 1980 at midnight.

Curtiss-Wright and three of its directors* contend that the tender offer is defective...

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