Legal Opinion
Missouri Portland Cement Company, Plaintiff-Appellant-Appellee v. Cargill, Incorporated, Defendant-Appellee-Appellant, and the First Bostoncorporation
Court of Appeals for the First Circuit
Decided October 15, 1974No. 1090, 1091, Dockets 74-1024, 74-1025PublishedCited by 74 opinions
1Opinion of the Court
FRIENDLY, Circuit Judge:
This appeal illustrates the growing practice of companies that have become the target of tender offers to seek shelter under § 7 of the Clayton Act, 15 U.S.C. § 18. Drawing Excalibur from a scabbard where it would doubtless have remained sheathed in the face of a friendly offer, the target company typically hopes to obtain a temporary injunction which may frustrate the acquisition since the offering company may well decline the expensive gambit of a trial or, if it persists, the long lapse of time could so change conditions that the offer will fail even if, after a…
2Cases cited33 opinions
- Association of Data Processing Service Organizations, Inc. v. CampSupreme Court of the United States · 1970
- Brown Shoe Co. v. United StatesSupreme Court of the United States · 1962
- United States v. Philadelphia National BankSupreme Court of the United States · 1963
- Hamilton Watch Co. v. Benrus Watch Co., IncCourt of Appeals for the Second Circuit · 1953
- United States v. El Paso Natural Gas Co.Supreme Court of the United States · 1964
28 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- Fed. Sec. L. Rep. P 96,589 Jo v. Seibert v. Sperry Rand Corporation and James D. FinleyCourt of Appeals for the Second Circuit · 1978
- Kennecott Copper Corporation v. Curtiss-Wright CorporationCourt of Appeals for the Second Circuit · 1978
- R.C. Bigelow, Inc. v. Unilever N v. Thomas J. Lipton, Inc., Celestial Seasonings, Inc., and Kraft, Inc.Court of Appeals for the Second Circuit · 1989
- Consolidated Gold Fields PLC v. Minorco, S.A.Court of Appeals for the Second Circuit · 1989
- Fed. Sec. L. Rep. P 96,877 Seaboard World Airlines, Inc. v. Tiger International, Inc.Court of Appeals for the Second Circuit · 1979
69 more not listed; retrieve them via the Exa API.