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ABSOLUTE RECOVERY HEDGE FUND v. GAYLORD CONTAINER

No. 01 CIV 8811 LAK.

185 F.Supp.2d 381 (2002)

ABSOLUTE RECOVERY HEDGE FUND, L.P., et ano., Plaintiffs, v. GAYLORD CONTAINER CORP., et al., Defendants.

United States District Court, S.D. New York.

February 19, 2002.

Attorney(s) appearing for the Case

Steven G. Schulman, Milberg Weiss Bershad Hynes & Spectrie, LLP, New York City, for Plaintiffs.

Richard L. Brusca, Skadden, Arps, Slate, Meagher & Flom LLP, Washington, DC, for Defendants Temple-Inland Acquisition Corporation, Temple-Inland Inc., and Inland Container Corporation I.

Thomas O. Kuhns, Peter D. Doyle, Kirkland & Ellis, New York City, for Defendant Gaylord Container Corporation.

John M. Callagy, Sarah L. Reid, Kelley Drye & Warren LLP, New York City, for Defendant State Street Bank and Trust Company.

MEMORANDUM OPINION

KAPLAN, District Judge.

On January 22, 2002, the Temple-Inland defendants commenced the latest in a series of tender offers for the common stock and debt securities of Gaylord Container Corporation ("Gaylord"). The offer is scheduled to expire on February 19, 2002 at 11:59 p.m. Plaintiffs, a hedge fund holding a small amount of certain Gaylord notes and its affiliate, seek a temporary restraining order requiring that $3 million be deducted...

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