Caleb & Co. v. E.I. DuPont De Nemours & Co.

SWEET, District Judge.

This securities action, arising from the tender offer by E.I. DuPont de Nemours and Co. (“DuPont”) for Conoco (“Conoco”), returns as the result of an amended complaint and a renewed motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). The motion is granted in part and denied in part, as set forth below.

Prior Proceedings

The initial complaint in this action, filed by plaintiffs Caleb & Co. and Unit and Co. (“Caleb”) on June 11,1984, was the subject of a motion to dismiss brought by defendants DuPont, Conoco, and First Jersey National Bank (“First Jersey”). In an opinion…