CRANE CO. v. HARSCO CORP.

Civ. A. No. 81-30.

509 F.Supp. 115 (1981)

CRANE CO., Plaintiff, v. HARSCO CORPORATION and Richard S. Gebelein, the Attorney General of the State of Delaware, Defendants, and HARSCO CORPORATION, Counterclaim Plaintiff, v. Thomas M. EVANS and Crane Co., Counterclaim Defendants.

United States District Court, D. Delaware.

February 17, 1981.


Attorney(s) appearing for the Case

R. Franklin Balotti, Donald A. Bussard and Samuel A. Nolen of Richards, Layton & Finger, Wilmington, Del., for plaintiff Crane Co.; Fried, Frank, Harris, Shriver & Jacobson, New York City, of counsel.

Michael D. Goldman, David B. Brown and Donald J. Wolfe, Jr. of Potter, Anderson & Corroon, Wilmington, Del., for defendant Harsco Corp.; Mudge, Rose, Guthrie & Alexander, New York City, of counsel.


OPINION

CALEB M. WRIGHT, Senior District Judge.

In this action, the Court must decide whether to enjoin consummation of a hostile tender offer. The target company, Harsco Corporation ("Harsco"), has moved for a preliminary injunction on the ground that the offeror, Crane Company ("Crane"), has violated federal securities laws in failing to make full disclosure to the shareholders. It further contends that the pending acquisition would contravene the antitrust...

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