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NEWMONT MIN. CORP. v. PICKENS

No. 87-2712.

831 F.2d 1448 (1987)

NEWMONT MINING CORPORATION, Plaintiff-Appellant, v. T. Boone PICKENS, Jr., et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 6, 1987.

Attorney(s) appearing for the Case

Paul Vizcarrondo, Jr., New York City, for plaintiff-appellant.

Philip J. John, Houston, Tex., for defendants-appellees.

Lucinda O. McConathy, Washington, D.C., as amicus curiae.

Before SCHROEDER, PREGERSON, and NELSON, Circuit Judges.

SCHROEDER, Circuit Judge.

Appellant Newmont Mining Corporation ("Newmont") appeals the district court's denial of Newmont's request for a preliminary injunction. Newmont sought to enjoin a tender offer commenced by Ivanhoe Acquisition Corporation on behalf of numerous individuals and entities including T. Boone Pickens ("the Pickens Group"). In view of the significance of the issue presented and the exigencies of time involved in takeover bids, we entered a stay pending...

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