Legal Opinion
SWT Acquisition Corp. v. TW Services, Inc.
District Court, D. Delaware
Decided November 22, 1988No. Civ. A. 88-602 MMSPublishedCited by 6 opinions
1Opinion of the Court
MURRAY M. SCHWARTZ, Chief Judge.
OPINION
This opinion resolves a motion to dismiss arising out of a hostile tender offer for TW Services, Inc. (“TW”), initiated by SWT Acquisition Corp. (“SWT”). The issue raised by the motion to dismiss filed by TW is whether the complaint filed by SWT seeking a declaration that 8 Del.C. § 203(a)(3) (“Section 203(a)(3)” or “§ 203(a)(3)”) of the General Corporation Law of the State of Delaware is unconstitutional as applied is a justiciable case or controversy. 1 For reasons stated below the complaint will be dismissed.
Background
A. Procedural Background
This…
2Cases cited18 opinions
- West v. AtkinsSupreme Court of the United States · 1988
- Warth v. SeldinSupreme Court of the United States · 1975
- City of Los Angeles v. LyonsSupreme Court of the United States · 1983
- Allen v. WrightSupreme Court of the United States · 1984
- O'Shea v. LittletonSupreme Court of the United States · 1974
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3Cited by6 opinions
- Airgas, Inc. v. Air Products & Chemicals, Inc.Supreme Court of Delaware · 2010
- Armstrong World Industries, Inc. v. AdamsCourt of Appeals for the Third Circuit · 1992
- Armstrong World Industries, Inc. v. AdamsCourt of Appeals for the Third Circuit · 1992
- Moore Corp. Ltd. v. Wallace Computer Services, Inc.District Court, D. Delaware · 1995
- North American Philips Corp. v. Aetna Casualty & Surety Co.Superior Court of Delaware · 1989
1 more not listed; retrieve them via the Exa API.