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SWISS BANK CORP. v. DRESSER INDUSTRIES, INC.

No. 96 C 2933.

942 F.Supp. 398 (1996)

SWISS BANK CORPORATION, a Swiss Banking Corporation; and O'Connor Investments, an Illinois partnership, Plaintiffs, v. DRESSER INDUSTRIES, INC., a Delaware corporation, Defendant.

United States District Court, N.D. Illinois, Eastern Division.

October 3, 1996.

Attorney(s) appearing for the Case

Paul E. Dengel, Michael N. Delgass, Schiff, Hardin & Waite, Chicago, IL, for Swiss Bank Corporation, O'Connor Investments.

Philip Scott Beck, Peter Benjamin Bensinger, Jr., Andrew L. Goldman, Bartlit Beck Herman Palenchar & Scott, Chicago, IL, for Dresser Industries, Inc.

MEMORANDUM OPINION AND ORDER

ZAGEL, District Judge.

I. Background

Anyone who has given a deadline to another has learned that it is unwise to use the phrase "prior to x day". Many will regard the deadline to mean "by x day", meaning sometime before the close of business on "x". The fact remains that "prior to x" does not mean the same thing as "by x" and the legal consequences are very different. The plaintiffs here seek to avoid the price...

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