WYSER-PRATTE v. VAN DORN CO.

No. 93-4262.

49 F.3d 213 (1995)

Guy P. WYSER-PRATTE, Plaintiff-Appellant, v. VAN DORN COMPANY, B.T.Z. Inc., as Representative of the Class of Shareholders in Van Dorn Co., and Crown Cork & Seal Co., Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 8, 1995.


Attorney(s) appearing for the Case

C. Reynolds Keller, Jr. (argued and briefed), Hahn, Loeser & Parks, Cleveland, OH, for plaintiff-appellant.

Keith L. Carson (argued and briefed), Thompson, Hine & Flory, Cleveland, OH, for Van Dorn Co., B.T.Z. Inc.

Mark A. Klugheit, Steven B. Feirson (briefed), Arthur Newbold (argued), Dechert, Price & Rhoads, Philadelphia, PA, for Crown Cork & Seal Co., Inc.

Before: KEITH, NELSON, and LAY, Circuit Judges.


DAVID A. NELSON, Circuit Judge.

Plaintiff Guy P. Wyser-Pratte, a risk arbitrageur, solicited proxies from shareholders of Van Dorn Company in connection with proposals designed to encourage a sale of the company. In his proxy materials he said that he and his associates were paying the solicitation costs. He subsequently indicated that at the time the materials were prepared it was his intent to seek reimbursement of such costs if the company were sold at a price...

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