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HIGHFIELDS CAPITAL, LTD. v. AXA FINANCIAL

C.A. No. 804-VCL.

939 A.2d 34 (2007)

HIGHFIELDS CAPITAL, LTD., Highfields Capital I, L.P., and Highfields Capital II, L.P., Petitioners v. AXA FINANCIAL, INC., Respondent.

Court of Chancery of Delaware, New Castle County.

Decided: August 17, 2007.

Attorney(s) appearing for the Case

Kenneth J. Nachbar, Susan Wood Waesco, John P. DiTomo, Morris, Nichols, Arsht & Tunnell, LLP, Wilmington; R. Todd Cronan, John O. Farley, Matthew J. Thaler, Haima Varadan Marlier, Goodwin Proctor, LLP, Boston, MA, for petitioners.

Bruce L. Silverstein, Martin S. Lessner, Elena C. Norman, Dawn M. Jones, Young, Conaway, Stargatt & Taylor, LLP, Wilmington; Edward J. Velazquez, Axa Equitable Life Insurance Co., New York City, for respondent.

OPINION

LAMB, Vice Chancellor.

An institutional investor petitions the court, pursuant to 8 Del. C. § 262, seeking judicial appraisal of its equity holdings in a large insurance conglomerate as a result of that company's July 2004 all-cash, all-shares merger. Based on the evidence presented at trial, the court believes that a combined sum-of-the-parts and shared synergies analysis is the most reliable...

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