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BASS v. DeVINK

765 A.2d 247 (2001)

336 N.J. Super. 450

Lawrence BASS, Trustee under the will of Henry Bass, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. Lodewijk J.R. DeVINK, Robert N. Burt, Donald C. Clark, John A. Georges, William H. Gray, III, William R. Howell, Lasalle D. Leffall, Jr., George A. Lorch, Alex J. Mandl, Michael I. Sovern, Warner-Lambert Co., and American Home Products Corp., Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided January 19, 2001.

Attorney(s) appearing for the Case

Michael G. Brautigam, Cincinnati, OH, argued the cause for appellant (Steven P. Lombardi, attorney, and on the brief and Gene Mesh and Associates, Mr. Brautigam and Lawrence Allen Zeinner, of counsel).

Elizabeth J. Sher, argued the cause for respondents Warner-Lambert Co., DeVink, Burt, Clark, Georges, Gray, Howell, Leffall, Lorch, Mandl, and Sovern (Pitney, Hardin, Kipp & Szuch, Morristown, attorneys; Ms. Scher, on the brief, and Wachtell, Lipton, Rosen & Katz, New York City, of counsel.)

Donald A. Robinson, argued the cause for respondent American Home Products Corporation (Robinson, Lapidus & Livelli, Newark, attorneys; Mr. Robinson, on the brief, and Simpson, Thacher & Bartlett, New York City, of counsel).

Before Judges BAIME, WALLACE, and LINTNER.

The opinion of the court was delivered by BAIME, P.J.A.D.

Plaintiff, on behalf of all Warner-Lambert Co. shareholders, brought this action in the Chancery Division, seeking to enjoin a merger between Warner-Lambert and American Home Products Corp. Following the Chancery Division's order staying the action pending disposition of first-filed, parallel litigation in Delaware, plaintiff asked the court to dismiss his complaint. The Chancery Division granted plaintiff...

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