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TYSON FOODS, INC. v. McREYNOLDS

Civ. A. No. 3-88-0881.

700 F.Supp. 906 (1988)

TYSON FOODS, INC. and Holly Acquisition Corp., Plaintiffs, v. Elaine A. McREYNOLDS, Commissioner of the Tennessee Department of Commerce and Insurance; Charles W. Burson, Attorney General of the State of Tennessee; and Holly Farms Corporation, Defendants.

United States District Court, M.D. Tennessee, Nashville Division.

November 23, 1988.

Attorney(s) appearing for the Case

Ames Davis, Waller, Lansden, Dortch & Davis, Corabell Alexander, Nashville, Tenn., for plaintiffs.

Charles N. Jolly, Chattanooga, Tenn., William O. Collins, Jr., Cornelius & Collins, Nashville, Tenn., for Tennessee Assoc. of Business.

Charles W. Burson, John Knox Walkup, Albert L. Partee, III, Kathleen A. Eyler, Atty. General's Office, Nashville, Tenn., for defendants.

John K. Maddin, Jr., Malcolm L. McCune, Gracey, Maddin, Miller & McCune, James A. Vick, Nashville, Tenn., Ben Rosenberg, Paul Vizcarrondo, Jr., Wachtell, Lipton, Rosen & Katz, New York City, pro hac vice, for defendant Holly Farms Corp.

MEMORANDUM

WISEMAN, Chief Judge.

Plaintiffs move for a preliminary injunction enjoining defendants from enforcing or attempting to enforce in connection with plaintiffs' tender offer for shares of Holly Farms Corporation Tennessee's Investor Protection Act, Tenn.Code Ann. 48-35-101 to -113 (1988), Business Combination Act, Tenn.Code Ann. 48-35-201 to -209 (1988), Control Share Acquisition Act, Tenn.Code Ann. 48-35-301 to -312 (1988), and Authorized Corporation...

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