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METROPOLITAN LIFE INS. CO. v. RJR NABISCO, INC.

No. 88 Civ. 8266 (JMW).

716 F.Supp. 1526 (1989)

METROPOLITAN LIFE INSURANCE COMPANY and Jefferson-Pilot Life Insurance Company, Plaintiffs, v. RJR NABISCO, INC. and F. Ross Johnson, Defendants.

United States District Court, S.D. New York.

June 9, 1989.

Attorney(s) appearing for the Case

Philip Howard, Howard, Darby & Levin, New York City, for plaintiffs.

E. Michael Bradley, Scott Tross, Brown & Wood, New York City, for defendant RJR Nabisco.

Kenneth Logan, Michael Lamb, Simpson Thacher & Bartlett, New York City, for KKR.

MEMORANDUM AND ORDER

WALKER, District Judge:

On April 28, 1989, the investment firm of Kohlberg Kravis Roberts & Company ("KKR") completed its $25 billion leveraged buy-out ("LBO") of defendant RJR Nabisco, Inc. ("RJR Nabisco" or "the company"). That unprecedented transaction continues to produce novel applications for relief. Defendant now moves for a preliminary injunction pursuant to Fed.R.Civ.P. 65(a) and (b) to toll certain periods within which...

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