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CNW CORP. v. JAPONICA PARTNERS, L.P.

Civ. A. No. 89-125 LON.

776 F.Supp. 864 (1990)

CNW CORPORATION, Plaintiff, v. JAPONICA PARTNERS, L.P., et al., Defendants. JAPONICA PARTNERS, L.P., and Paul B. Kazarian, Defendants and Counterclaim-Plaintiffs, v. Robert W. SCHMIEGE, et al., Counterclaim-Defendants, and CNW Corporation, Plaintiff and Counterclaim-Defendant.

United States District Court, D. Delaware.

November 5, 1990.

Attorney(s) appearing for the Case

Kenneth J. Nachbar and Robert J. Valihura, Jr., Morris, Nichols, Arsht & Tunnell, Wilmington, Del. (Harold C. Hirshman (argued), Robert B. Milner, Stuart Altschuler and Elpidio R. Villarreal, Sonnenschein Carlin Nath & Rossenthal, Chicago, Ill., of counsel), for plaintiff and counterclaim-defendant.

William Prickett, and Wayne J. Carey, Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, Del. (Andrew J. Levander (argued) and Joseph Giovanniello, Jr., Shereff, Friedman, Hoffman & Goodman, New York City, of counsel), for defendants and counterclaim plaintiffs.

OPINION

LONGOBARDI, Chief Judge.

This case arose in the context of a hostile takeover attempt. The Plaintiff target corporation commenced this action alleging that the Defendants violated sections 13(d) and 14(a) of the Securities Exchange Act. The Defendants were unsuccessful in their attempt to gain control of the target and have moved this Court to dismiss the Plaintiff's complaint as moot.

PROCEDURAL HISTORY AND FACTS

The Plaintiff...

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