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GETTLER v. CITIES SERVICE CO.

No. 61000.

739 P.2d 515 (1987)

Benjamin GETTLER, Appellant, v. CITIES SERVICE COMPANY, Harry C. Bader, and Ann D. Friel, v. GULF OIL CORPORATION and GOC Acquisition Corporation, Appellees.

Supreme Court of Oklahoma.

June 30, 1987.

Attorney(s) appearing for the Case

Houston & Klein, Inc. by James R. Eagleton, Jim F. Gassaway, E. John Eagleton, Thomas H. Trower, Marc F. Conley, Tulsa, for appellant Benjamin Gettler.

Gable & Gotwals by Charles C. Baker, David L. Bryant, Tulsa, Wachtell, Lipton, Rosen & Katz by Peter C. Hein, New York City, Cities Service Co. by Ronald A. Skoller, Tulsa, for appellee, Cities Service Co., Harry C. Bader, and Ann D. Friel.

Conner & Winters by John S. Athens, Douglas L. Inhofe, Steven K. Balman, Tulsa, Lord, Day & Lord by John W. Castles, III, William P. Casella, John D. Henderson, New York City, for appellee Gulf Oil Corp. and GOC Acquisition Corp.

DOOLIN, Chief Justice.

On June 17, 1982, Cities Service Company and Gulf Oil Corporation entered into a Stock Purchase Agreement and Merger Agreement in an effort to thwart a hostile takeover of Cities Service by Mesa Petroleum Company. The agreement provided that Gulf would purchase Cities Service common stock at a cash price of $63.00 per share. For reasons not pertinent to this appeal, Gulf terminated the Offer to Purchase...

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