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OSOFSKY v. J. RAY McDERMOTT & CO., INC.

No. 374, Docket 83-7563.

725 F.2d 1057 (1984)

Louis OSOFSKY and Nina Altman, individually and as executrix, sole legatee and sole distributee of the Estate of Rose Udoff, Appellants, v. J. RAY McDERMOTT & CO., INC. (now McDermott, Inc.), Appellee.

United States Court of Appeals, Second Circuit.

Decided January 26, 1984.

Attorney(s) appearing for the Case

Roger W. Kirby, New York City (Stanley L. Kaufman, Irving Malchman, Kaufman, Malchman & Kirby, P.C., Wolf, Popper, Ross, Wolf & Jones, New York City, of counsel), for appellants.

Richard E. Nolan, New York City (Scott W. Muller, Barbara E. Guss, John G. Rich, Davis, Polk & Wardwell, New York City, of counsel), for appellee.

Before OAKES, MESKILL, and PIERCE, Circuit Judges.

PER CURIAM:

This litigation arose out of the successful takeover in 1978 of Babcock and Wilcox Company ("B & W") by what was then J. Ray McDermott and Company, Inc. ("McDermott"), after a tender offer contest with United Technologies Corporation ("United"). The plaintiffs-appellants, stockholders of B & W, claim that the defendant-appellee, McDermott,1 (1) made a deceptive tender offer...

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