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AMERICAN SMELTING AND REFINING CO. v. PENNZOIL UNITED, INC.

Civ. A. No. 3647.

295 F.Supp. 149 (1969)

AMERICAN SMELTING AND REFINING COMPANY, Plaintiff, v. PENNZOIL UNITED, INC., Defendant.

United States District Court D. Delaware.

January 24, 1969.

Attorney(s) appearing for the Case

James M. Tunnell, Jr., Morris, Nichols, Arsht & Tunnell, Wilmington, Del., Daniel Gribbon, Henry Sailer and Robert Muth, Covington & Burling, Washington, D. C., of counsel, for plaintiff.

Richard F. Corroon, Potter, Anderson & Corroon, Wilmington, Del., Whitney N. Seymour, Eleanor Fox and Arthur Settles, Simpson, Thacher & Bartlett, New York City, John Bagalay, Jr., Baker, Botts, Shepherd & Coates, Houston, Tex., of counsel, for defendant.

OPINION

WRIGHT, Chief Judge.

This is an action by plaintiff, American Smelting and Refining Company (Asarco), for a preliminary injunction restraining defendant, Pennzoil United, Inc. (Pennzoil), from acquiring a substantial ownership interest in Asarco by way of a tender offer to Asarco shareholders. Plaintiff bases its action on Section 7 of the Clayton Act, 15 U.S.C. § 18, alleging that a Pennzoil takeover of Asarco would substantially lessen competition...

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