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JOSEPH E. SEAGRAM & SONS v. CONOCO, INC.

Civ. A. No. 81-276.

519 F.Supp. 506 (1981)

JOSEPH E. SEAGRAM & SONS, INC. and Jes Holdings, Inc., Plaintiffs, v. CONOCO, INC., a Delaware Corporation, Defendant.

United States District Court, D. Delaware.

As Amended July 23, 1981.

Attorney(s) appearing for the Case

R. Franklin Balotti, Allen M. Terrell, Jr., Jesse A. Finkelstein and Samuel A. Nolen of Richards, Layton & Finger, Wilmington, Del., Simpson, Thacher & Bartlett, New York City, of counsel, for plaintiffs Joseph E. Seagram & Sons, Inc., and Jes Holdings, Inc.

Bruce M. Stargatt, Jack B. Jacobs and Richard A. Levine of Young, Conaway, Stargatt & Taylor, Wilmington, Del., Dewey, Ballantine, Bushby, Palmer & Wood, New York City, of counsel, for defendant Conoco, Inc.

MEMORANDUM OPINION

LATCHUM, Chief Judge.

Plaintiffs, Joseph E. Seagram & Sons, Inc. ("Seagram"), and its wholly-owned subsidiary, JES Holdings, Inc. ("JES"), are engaged in a hostile tender offer to acquire a controlling interest in defendant, Conoco, Inc. ("Conoco"). On June 25, 1981, the date on which the material terms of the offer were publicly announced, plaintiffs brought this action, seeking a declaratory judgment: (1) that the provisions of the...

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