Denver Area Meat Cutters & Employers Pension Plan Ex Rel. Clayton Homes, Inc. v. Clayton

CHARLES D. SUSANO, JR., J.,

delivered the opinion of the court, in which

HOUSTON M. GODDARD, P.J., and D. MICHAEL SWINEY, J., joined.

OPINION

The focus of this litigation is on the merger of (1) Clayton Homes, Inc., a Delaware corporation, which, pre-merger, was a publicly-owned corporation whose stock was traded on the New York Stock Exchange, with (2) B Merger Sub Inc., also a Delaware corporation. Before the merger, B Merger Sub Inc. was a wholly-owned subsidiary of Berkshire Hathaway, Inc. The latter company is a publicly-owned Delaware corporation; its stock is traded on the New York Stock…