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TYSON FOODS, INC. v. McREYNOLDS

No. 88-6343.

865 F.2d 99 (1989)

TYSON FOODS, INC. and Holly Acquisition Corp., Plaintiffs-Appellees, v. Elaine A. McREYNOLDS and Charles W. Burson, Defendants, Holly Farms Corp., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 10, 1989.

Attorney(s) appearing for the Case

Ames Davis, Waller, Lansden, Dortch & Davis, Nashville, Tenn., Roderick H. Willcox, James J. Chester (argued), John J. Chester, Donald C. Brey, Chester, Hoffman, Willcox & Saxbe, Columbus, Ohio, for Tyson Foods, Inc. & Holly Acquisition Corp., plaintiffs-appellees.

John K. Maddin, Jr., Gracey, Maddin, Cowan & Bird, Nashville, Tenn., Paul Vizcarrondo, Jr. (argued), Wachtell, Lipton, Rosen, & Katz, New York City, for Holly Farms Corp., defendant-appellant.

Before MARTIN and JONES, Circuit Judges, and PECK, Senior Circuit judge.

BOYCE F. MARTIN, Jr., Circuit Judge.

Tyson Foods, Inc., through its wholly owned subsidiary, Holly Acquisition Corp., both Delaware corporations, has made a nationwide tender offer for the common shares of Holly Farms Corp., also a Delaware corporation. Holly Farms seeks a stay and/or expedited appeal of the district court's preliminary injunction preventing Holly Farms from enforcing or attempting to enforce the Tennessee Investor Protection Act, the Tennessee Business...

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