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CALEB & CO. v. E.I. DuPONT de NEMOURS & CO.

No. 84 Civ. 4075 (RWS).

599 F.Supp. 1468 (1984)

CALEB & CO. and Unit & Co., partnerships, on behalf of themselves and all others similarly situated, Plaintiffs, v. E.I. DuPONT de NEMOURS & COMPANY, First Jersey National Bank, and Conoco, Inc., Defendants.

United States District Court, S.D. New York.

December 28, 1984.

Attorney(s) appearing for the Case

Breed, Abbott & Morgan, New York City, for plaintiffs; Thomas A. Shaw, Jr., Thomas W. Kelly, Noah Nunberg, New York City, of counsel.

Cravath, Swaine & Moore, New York City, for defendant E.I. DuPont; Ronald S. Rolfe, Alan R. Glickman, New York City, of counsel.

Olwine, Connelly, Chase, O'Donnell & Weyher, New York City, for defendant First Jersey; Job Taylor, III, William K. Dobbs, New York City, of counsel.

OPINION

SWEET, District Judge.

This case arises out of a corporate merger that was, at the time of its occurrence in the summer of 1981, the largest corporate takeover in history. Caleb & Co. and Unit & Co., ("Caleb"), as representatives of a class of tendering shareholders, allege that defendants E.I. DuPont de Nemours and Co., ("DuPont"), First Jersey National Bank, ("First Jersey"), and Conoco, ("Conoco"), in structuring and carrying out the merger...

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