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UNITED STATES v. UNITED TECHNOLOGIES CORP.

No. 78-CV-580.

466 F.Supp. 196 (1979)

UNITED STATES of America v. UNITED TECHNOLOGIES CORPORATION.

United States District Court, N. D. New York.

February 12, 1979.

Attorney(s) appearing for the Case

Philip F. Cody, U. S. Dept. of Justice, Antitrust Div., New York City, for plaintiff.

Bernard W. Nussbaum, Wachtell, Lipton, Rosen & Katz, New York City, Raymond W. Hackbarth, Mackenzie Smith Lewis Michell & Hughes, Syracuse, N. Y., for defendant.

MUNSON, District Judge.

MEMORANDUM-DECISION

On September 18, 1978, United Technologies Corporation (United) announced its intention to make a tender offer for 49% of the shares of Carrier Corporation (Carrier) stock. The Government commenced the present action, on November 13, 1978, to enjoin United from proceeding with its tender offer and from taking any other action to acquire the stock or assets of Carrier. Relying upon the theories of entrenchment and...

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