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TEREX CORPORATION v. BUCYRUS INTERNATIONAL, INC.

Nos. 5960, 651889/10.

94 A.D.3d 548 (2012)

943 N.Y.S.2d 18

2012 NY Slip Op 2788

TEREX CORPORATION, Appellant-Respondent, v. BUCYRUS INTERNATIONAL, INC., Respondent-Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 17, 2012.

On November 23, 2009, plaintiff informed defendant that it was the winning bidder (on a bid of approximately $1.3 billion) at an auction by plaintiff to sell certain assets of its mining equipment business. Before entering into an asset and stock purchase agreement (ASPA), defendant conducted due diligence and was given access to plaintiff's management, books and records, and to plaintiff's independent auditor.

The ASPA...

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