Legal Opinion

Allegheny Energy, Inc. v. Dqe, Inc.

Court of Appeals for the Third Circuit

Decided March 11, 1999No. 98-3586PublishedCited by 119 opinions

1Opinion of the Court

OPINION OF THE COURT

POLLAK, District Judge.

This is a diversity case in which an interlocutory appeal has been taken from the denial of a preliminary injunction. The appeal presents a question of Pennsylvania law. The question is whether, on the particular facts of this case, the loss by one publicly traded corporation of a contractual opportunity to acquire another publicly traded corporation through a corporate merger constitutes irreparable harm. In concluding that the plaintiff— the would-be acquiring corporation — was not entitled to a preliminary injunction compelling specific…

2Cases cited27 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  3. Hoxworth v. Blinder, Robinson & Co.Court of Appeals for the Third Circuit · 1990
  4. The American Civil Liberties Union Of New Jersey v. Black Horse Pike Regional Board Of EducationCourt of Appeals for the Third Circuit · 1996
  5. GOLDMAN v. McShainSupreme Court of Pennsylvania · 1968

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3Cited by119 opinions

  1. Kos Pharmaceuticals, Inc. v. Andrx Corporation Andrx Laboratories, IncCourt of Appeals for the Third Circuit · 2004
  2. Doug Brady, Inc. v. New Jersey Building Laborers Statewide FundsDistrict Court, D. New Jersey · 2008
  3. In Re IBP, Inc., Shareholders LitigationCourt of Chancery of Delaware · 2001
  4. South Camden Citizens in Action Geneva Sanders Pauline Woods Barbara Pfeifer Julita Gilliard Oscar Lisboa Shirley Rios Phyllis Holmes Gwen Peterson Latoya Cooper Julio Lugo v. New Jersey Department of Environmental Protection Robert C. Shinn, Jr., Commissioner of the Nj Dept. Of Environmental Protection, in His Official Capacity St. Lawrence Cement Co., L.L.C., Intervenor in D.C., South Camden Citizens in Action Geneva Sanders Pauline Woods Barbara Pfeifer Julita Gilliard Oscar Lisboa Shirley Rios Phyllis Holmes Gwen Peterson Latoya Cooper Julio Lugo v. New Jersey Department of Environmental Protection Robert C. Shinn, Jr., Commissioner of the Nj Dept. Of Environmental Protection, in His Official Capacity St. Lawrence Cement Co., L.L.C., Intervenor in D.C., New Jersey Department of Environmental Protection Robert C. Shinn, Jr.Court of Appeals for the Third Circuit · 2001
  5. Arrowpoint Capital Corp. v. Arrowpoint Asset Management, LLCCourt of Appeals for the Third Circuit · 2015

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