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ACTON CO., INC. OF MASS. v. BACHMAN FOODS, INC.

No. 81-1441.

668 F.2d 76 (1982)

ACTON CO., INC. OF MASSACHUSETTS, Plaintiff-Appellant, v. BACHMAN FOODS, INC., et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided January 11, 1982.

Attorney(s) appearing for the Case

Gerald A. Rosenthal, Boston, Mass., with whom William A. Zucker, and Gadsby & Hannah, Boston, Mass., were on brief, for plaintiff-appellant.

Daniel A. Pollack, New York City, with whom Martin I. Kaminsky, Edward T. McDermott, and Pollack & Kaminsky, New York City, were on brief, for defendants-appellees.

Before COFFIN, Chief Judge, DAVIS, Judge, BREYER, Circuit Judge.

COFFIN, Chief Judge.

This appeal involves an aborted business transaction in which the Acton Corp. (Acton) and its wholly owned subsidiary, Acton Co., Inc. of Massachusetts (ACIM), sought to purchase substantially all the assets of Bachman Foods, Inc. Negotiations between Acton and Culbro Corp., Bachman's parent corporation, culminated in the signing of a letter of intent on April 26, 1979 which provides for Acton "or a designated subsidiary" to purchase Bachman Foods...

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