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TYSON FOODS, INC. v. AETOS CORP.

No. 124, 2002.

809 A.2d 575 (2002)

TYSON FOODS, INC. and Lasso Acquisition Corp., Defendants, Cross-Claim Defendants and Counterclaim Plaintiffs Below, Appellants, v. AETOS CORP., Pelican Limited Partnership, Stark Investment, L.P. and Shepard Investments International, Ltd., Objectors Below, Appellees, and Baruch Mappa, Michael Taragin, David Shaev, Charles Miller, Olga Fried, Peter Robbins, Jerry Krim, Jeffrey Kassoway, Harriet Burt, Eric Meyer, Louise E. Murray, Marvin Masel and Rocco Landesman, Plaintiffs Below, Appellees, and IBP, Inc., Defendant, Cross-Claim Plaintiff, and Counterclaim Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: July 24, 2002.

Attorney(s) appearing for the Case

Anthony W. Clark, (argued), Robert S. Saunders, Julie A. Tostrup, Cynthia E. Carrasco, Skadden, Arps, Slate, Meagher & Flom, LLP, Wilmington, Delaware, for appellants, Tyson Foods, Inc. and Lasso Acquisition Corporation.

John L. Reed, Timothy R. Dudderar, Duane Morris, LLP, Wilmington, Delaware, Michael H. Schaalman, (argued), Cristina D. Hernandez-Malaby, Quarles & Brady, LLP, Milwaukee, Wisconsin, Mark C. Gardy, Karen E. Fisch, Abbey Gardy, LLP, New York City, for appellees, Aetos Corp., Pelican Limited Partnership, Stark Investments, L.P., and Shepherd International, Ltd.

A. Gilchrist Sparks, Morris, Nichols, Arsht & Tunnell, Wilmington, Delaware, Richard A. Jochum, Dakota Dunes, South Dakota, for cross-claim plaintiff and counterclaim defendant below appellee, IBP, Inc.

BEFORE: VEASEY, Chief Justice, WALSH, and HOLLAND, Justices.

WALSH, J.

This is an appeal from a decision of the Court of Chancery refusing to vacate previous orders of the court ordering specific performance of a merger agreement and approving the settlement of related shareholder claims. The appellant, Tyson Foods, Inc. ("Tyson"), filed a timely appeal from the denial of vacatur but seeks to expand the scope of that appeal to include review of the merits of the subsidiary rulings...

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