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JACK ECKERD CORP. v. DART GROUP CORP.

Civ. A. No. 85-341 LON.

621 F.Supp. 725 (1985)

JACK ECKERD CORPORATION, Plaintiff, v. DART GROUP CORPORATION, Defendant.

United States District Court, D. Delaware.

July 3, 1985.

Attorney(s) appearing for the Case

Richard L. Sutton (argued), and Jack B. Blumenfeld, of Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for plaintiff; Sheldon Raab, and Stephen Lew, of Fried, Frank, Harris, Shriver & Jacobson, New York City, Shackleford, Farrior, Stallings & Evans, Tampa, Fla., of counsel.

Donald Wolfe, Jr., and Charles S. Crompton, Jr. (argued), of Potter, Anderson & Corroon, Wilmington, Del., for defendants; Robert B. Hirsch, James P. Mercurio, Salvatore A. Romano, and Howard B. Possick, of Arent, Fox, Kintner, Plotkin & Kahn, Washington, D.C., of counsel.

MEMORANDUM OPINION

LONGOBARDI, District Judge.

The Plaintiff, Jack Eckerd Corporation ("Eckerd"), brought this action claiming that the Defendant, Dart Group Corporation ("Dart"), is violating the federal securities laws by filing a false and misleading Schedule 13D and by conducting a "creeping tender offer" to gain control of Eckerd. Currently before the Court is Dart's motion to disqualify the firm of Fried, Frank, Harris, Shriver & Jacobson ("Fried...

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