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IN RE IBP, INC.

Civil Action No. 18373.

793 A.2d 396 (2002)

In re IBP, INC., Shareholders Litigation. IBP, Inc., Defendant and Cross-Claim Plaintiff, and Counterclaim Defendant, v. Tyson Foods, Inc. and Lasso Acquisition Corporation, Defendants, Cross-Claim Defendants and Counterclaim Plaintiffs.

Court of Chancery of Delaware, New Castle County.

Decided: February 11, 2002.

Attorney(s) appearing for the Case

Anthony W. Clark and Robert S. Saunders, Esquires, of Skadden, Arps, Slate, Meagher & Flom, Wilmington, Delaware, Attorneys for Tyson Foods, Inc. and Lasso Acquisition Corporation.

Richard A. Jochum, Esquire, of IBP, Inc., Dakota Dunes, South Dakota, Attorney for IBP, Inc.

John L. Reed, Thomas P. McGonigle, and Timothy R. Dudderar, Esquires, of Duane Morris LLP, Wilmington, Delaware; Of Counsel: Mark C. Gardy, Karin E. Fisch, Esquires, of Abbey Gardy, LLP, New York, New York; Michael H. Schaalman and Cristina D. Hernandez-Malaby, Esquires, of Quarles & Brady LLP, Milwaukee, Wisconsin, Attorneys for the Lead Federal Plaintiffs, Aetos Corp., Pelican Limited Partnership, Stark Investments, L.P. and Shepard Investments, International, Ltd. in certain actions against Tyson and others pending in the federal courts.

Pamela S. Tikellis and Robert J. Kriner, Jr., Esquires of Chimicles and Tikellis, Wilmington, Delaware, Attorneys for Plaintiffs Stuart L. Meyer, Leon Meyers, and TFM Investment Group in certain actions against Tyson and others pending in the federal courts.

OPINION

STRINE, Vice Chancellor.

In this opinion, I decline to vacate a post-trial judicial opinion at the instance of a party whose own voluntary decision to settle rendered moot the issues decided by that opinion. The pending request for vacatur was filed over a half a year after the court's post-trial opinion was issued. In accordance with the reasoning of the Delaware Supreme Court in Stearn v. Koch

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