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SCHREIBER v. BURLINGTON NORTHERN, INC.

Civ. A. No. 83-13.

568 F.Supp. 197 (1983)

Barbara SCHREIBER, Plaintiff, v. BURLINGTON NORTHERN, INC., R-H Holdings Corporation, the El Paso Company, Travis Hubert Petty, William V. Holik, Jr., M.R. Engler, Jr., W.G. Henderson, R.S. Morris, M.A. Ehrlich, A.M. Derrick, Richard L. McConn, D.J. MacIver, Jr., and L.M. Varen Kamp, Defendants.

United States District Court, D. Delaware.

June 27, 1983.

Attorney(s) appearing for the Case

Thomas D. Whittington, Jr., and Judith N. Renzulli of Wilson, Whittington & Aulgur, Wilmington, Del., Irving Bizar of Pincus Ohrenstein Bizar D'Alessandro & Solomon, New York City, of counsel, for plaintiff.

A. Gilchrist Sparks, III, of Morris, Nichols, Arsht & Tunnell, Wilmington, Del., Marc P. Cherno and Stephen D. Alexander of Fried, Frank, Harris, Shriver & Jacobson, New York City, of counsel, for defendants Burlington Northern, Inc. and R-H Holdings Corp.

Robert K. Payson and James F. Burnett of Potter, Anderson & Corroon, Wilmington, Del., Mudge, Rose, Guthrie & Alexander, Wachtell, Lipton, Rosen & Katz, New York City, of counsel, for defendants The El Paso Co. and the El Paso Directors.

OPINION

LATCHUM, Chief Judge.

The term "manipulation" as used in Section 14(e) of the Williams Act, 15 U.S.C. § 78n(e), has defied precise definition. The Act itself does not delineate its scope nor has the Securities and Exchange Commission ("SEC") prescribed its exact meaning in its rules and regulations. Thus, the federal courts have been left to give meaning to the term on a case-by-case basis. A number...

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