Legal Opinion

Dart Industries, Inc. v. Conrad

District Court, S.D. Indiana

Decided December 5, 1978No. Civ. A. IP 78-709-CPublishedCited by 23 opinions

1Opinion of the Court

MEMORANDUM

Plaintiffs, Dart Industries Inc. and its subsidiary, Dart Holdings Inc., brought this action in connection with their efforts to take over defendant P. R. Mallory & Co. Inc. through a cash tender offer to Mallory’s shareholders. This was an action for a declaratory judgment, pursuant to 28 U.S.C. § 2201 (1976), declaring the Indiana Business Take-Over Act, Ind.Code §§ 23-2-3-1 through 12, and the Delaware Tender Offers Act, Del.Code Ann., tit. 8, § 203, to be null and void on their face and as applied to plaintiffs because they are unconstitutional. Dart originally asked the Court…

2Cases cited5 opinions

  1. Hines v. DavidowitzSupreme Court of the United States · 1941
  2. Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
  3. Jones v. Rath Packing Co.Supreme Court of the United States · 1977
  4. Ray v. Atlantic Richfield Co.Supreme Court of the United States · 1978
  5. Great Western United Corp. v. KidwellCourt of Appeals for the Fifth Circuit · 1978

3Cited by23 opinions

  1. Telvest, Inc. v. BradshawCourt of Appeals for the Fourth Circuit · 1980
  2. MITE CORPORATION and Mite Holdings, Inc., Plaintiffs-Appellees, v. Alan J. DIXON, Defendant-AppellantCourt of Appeals for the Seventh Circuit · 1980
  3. National City Lines, Inc. v. LLC Corp.Court of Appeals for the Eighth Circuit · 1982
  4. Clerveaux v. E. Ramapo Cent. Sch. Dist.Court of Appeals for the Second Circuit · 2021
  5. Joseph E. Seagram & Sons, Inc. v. Conoco, Inc.District Court, D. Delaware · 1981

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