STATE OF N.Y. v. KRAFT GENERAL FOODS, INC.

No. 93 Civ. 811(KMW).

862 F.Supp. 1030 (1993)

STATE OF NEW YORK, Plaintiff, v. KRAFT GENERAL FOODS, INC., Nabisco Cereals, Inc., Nabisco, Inc., Philip Morris Companies Inc., RJR Nabisco Holdings Corp. and RJR Nabisco Inc., Defendants.

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

June 14, 1993.


Attorney(s) appearing for the Case

Gary Malone, Asst. Atty. Gen. and Oliver Koppell Atty. Gen., New York City, for plaintiff.

Abe Krash, Arnold & Porter, Washington, DC, for Kraft.

Richard C. Weisberg, Simpson, Thacher & Bartlett, New York City, for Nabisco and RJR Nabisco.


OPINION AND ORDER

KIMBA M. WOOD, District Judge.

Background

On February 10, 1993 the State of New York ("the State") sued Kraft General Foods, Inc. ("Kraft") and RJR Nabisco Holdings Corp. ("Nabisco"), attacking Kraft's acquisition of Nabisco's ready-to-eat ("RTE") cereal assets (the "Acquisition"). The State also seeks either to rescind the transaction or to divest Kraft of Nabisco's RTE cereal assets. The State claims that the Acquisition violates...

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