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AIRTRAN NEW YORK, LLC v. MIDWEST AIR GROUP INC.

15 Misc.3d 467 (2007)

831 N.Y.S.2d 307

AIRTRAN NEW YORK, LLC, Plaintiff, v. MIDWEST AIR GROUP, INC., Defendant.

Supreme Court, New York County.

February 16, 2007.

Attorney(s) appearing for the Case

Niehaus LLP, New York City (Paul R. Niehaus of counsel), and Smith, Gambrell & Russell LLP, Atlanta, Georgia (James E. Connelly of counsel), for plaintiff.

Sidley Austin LLP, New York City (Andrew W. Stern of counsel), for defendant.

OPINION OF THE COURT

HELEN E. FREEDMAN, J.

In connection with a hostile takeover bid by AirTran Holdings, Inc. (AirTran), its subsidiary AirTran New York, LLC (AirTran NY), seeks to compel defendant Midwest Air Group, Inc. (MAG) to produce its current record of shareholders pursuant to Business Corporation Law § 1315. AirTran intends to communicate with MAG shareholders directly in order to convince them to sell AirTran their shares. Business Corporation...

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