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ConAGRA, INC. v. CARGILL, INC.

No. 83-849.

382 N.W.2d 576 (1986)

222 Neb. 136

ConAGRA, INC., Appellee and Cross-Appellant, v. CARGILL, INCORPORATED, Cargill Holdings, Incorporated, and MBPXL Corporation, Appellants and Cross-Appellees.

Supreme Court of Nebraska.

March 7, 1986.

Attorney(s) appearing for the Case

Fredric H. Kauffman and David R. Buntain, of Cline, Williams, Wright, Johnson & Oldfather, Lincoln, for appellants.

John E. North and Leo A. Knowles, of McGrath, North, O'Malley & Kratz, P.C., Omaha, for appellee.

KRIVOSHA, C.J., BOSLAUGH, WHITE, SHANAHAN, and GRANT, JJ., and RIST, District Judge, and COLWELL, District Judge, Retired.

PER CURIAM.

This appeal from the district court for Douglas County arises out of a corporate takeover battle between the plaintiff, ConAgra, Inc., and the defendant Cargill, Incorporated, to acquire a "target company," MBPXL Corporation. The following facts surrounding this litigation are uncontroverted by the parties. Further facts will be discussed in greater detail as they are applicable to individual assignments of error.

The plaintiff, ConAgra, is a publicly...

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