WEST POINT-PEPPERELL, INC. v. FARLEY INC.

No. 3:88-cv-57-GET.

711 F.Supp. 1096 (1989)

WEST POINT-PEPPERELL, INC., Plaintiff and Counterclaim-Defendant, v. FARLEY INC., Defendant and Counterclaim-Plaintiff, and Trust Company Bank, Defendant. FARLEY INC. and Farley/WPM Acquisition Corp., Counterclaim-Plaintiffs, v. WEST POINT-PEPPERELL, INC. Plaintiff and Counterclaim-Defendant, and Joseph L. Lanier, Donald J. Keller, W. Cecil Bauer, Henry H. Henley, Jr., Clarence J. Kjorlier, Gerald B. Mitchell, Harry M. Philpott, Yetta G. Samford, Jr., C. McKenzie Taylor and Charles J. Woodruff Additional Counterclaim-Defendants.

United States District Court, N.D. Georgia, Newnan Division.

February 2, 1989.


Attorney(s) appearing for the Case

King & Spalding, Atlanta, Ga., Willis, McKenzie & Long, LaGrange, Ga., for West Point-Pepperell, Inc.

Bondurant, Mixson & Elmore, Atlanta, Ga., for Farley Inc.

Rogers & Hardin, Atlanta, Ga., for Trust Co. Bank.


MEMORANDUM DECISION AND ORDER

G. ERNEST TIDWELL, District Judge.

The above-styled matter is presently before the court on Defendant/Counterclaim-Plaintiffs', Farley Inc. and Farley/WPM Acquisition Corp. ("Farley"), motion for a declaration by this court that Article 11A of the Georgia Business Corporation Code, O.C.G.A. §§ 14-2-236 et seq. (1988) (the "Anti-takeover statute"), violates either or both the Supremacy and/or the Commerce Clauses...

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