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MOBIL CORP. v. MARATHON OIL CO.

No. 81-3711.

669 F.2d 366 (1981)

MOBIL CORPORATION, Plaintiff-Appellant, v. MARATHON OIL COMPANY, Harold D. Hoopman, Neil A. Armstrong, Charles H. Barre, Victor G. Beghini, James A. D. Geier, Elmer A. Graham, Jack H. Herring, W. E. Swales, Raymond C. Tower, Robert G. Wingerter and USS, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 23, 1981.

Attorney(s) appearing for the Case

John C. Elam and Thomas B. Ridgley, Vorys, Sater, Seymour & Pease, Columbus, Ohio, Walter L. Stratton, Thomas R. Trowbridge, III, Donovan, Leisure, Newton & Irvine, Marc P. Cherno, Sheldon Raab, P. C., Fried, Frank, Harris, Shriver & Jacobson, New York City, for plaintiff-appellant.

John J. Chester, John W. Zeiger, Jones, Day, Reavis & Pogue, James L. Graham, Graham, Dutro & Nemeth, William D. Ginn, Thompson, Hine & Flory, Columbus, Ohio, for defendants-appellees.

Before EDWARDS, Chief Judge and ENGEL and MERRITT, Circuit Judges.

ENGEL, Circuit Judge.

On October 30, 1981, Mobil Corporation ("Mobil") announced its intention to purchase up to 40 million outstanding common shares of stock in Marathon Oil Company ("Marathon") for $85 per share in cash. Mobil conditioned that purchase upon receipt of at least 30 million shares, just over one-half of the outstanding shares. It further stated its intention to acquire the balance of Marathon by merger following...

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