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TYCO LABORATORIES, INC. v. CONNELLY

No. CA 79-0265-T.

473 F.Supp. 1157 (1979)

TYCO LABORATORIES, INC., et al., Plaintiffs, v. Michael Joseph CONNELLY, et al., Defendants.

United States District Court, D. Massachusetts.

July 12, 1979.

Attorney(s) appearing for the Case

Goodwin, Procter & Hoar, Brockett Denniston, III, Sam Hoar, Jr., Boston, Mass., for plaintiffs.

Herrick & Smith, H. Lawrence Tafe, III, Gerald F. Rath, Boston, Mass., Donald K. Stern, Garrick F. Cole, Carl Valvo, Asst. Attys. Gen., Boston, Mass., for defendants.

Robert J. Bernstein, Fried, Frank, Harris, Shriver & Jacobson, New York City, Virginia F. Crisman, Fried, Frank, Harris, Shriver & Kampelman, Washington, D. C., for Ludlow.

MEMORANDUM AND ORDER

TAURO, District Judge.

At issue is whether this challenge to the constitutionality of the Massachusetts Takeover Act1 (Act) has been mooted by plaintiff's post-trial disclaimer of any further interest in making a tender offer for shares of Ludlow.2

I.

On February 9, 1979 Tyco Laboratories, Inc.3 (Tyco) announced its intention to make...

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