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EMPIRE, INC. v. ASHCROFT

No. 81-4174-CV-C-W.

524 F.Supp. 898 (1981)

EMPIRE, INCORPORATED, Plaintiff, v. John ASHCROFT, Attorney General of the State of Missouri, Joseph W. Schoeberl, Commissioner of Securities of the State of Missouri; and Wetterau, Incorporated, Defendants.

United States District Court, W. D. Missouri, C. D.

September 3, 1981.

Attorney(s) appearing for the Case

Steven G. Emerson, Morris, Larson, King, Stamper & Bold, Kansas City, Mo., James Robertson, Wilmer, Cutler & Pickering, Washington, D. C., for plaintiff.

Thomas C. Walsh, Bryan, Cave, McPheeters & McRoberts, St. Louis, Mo., for Wetterau.

Bobby J. Jones, Asst. Atty. Gen., Jefferson City, Mo., for Ashcroft & Schoeberl.

MEMORANDUM AND ORDER

SCOTT O. WRIGHT, District Judge.

Plaintiff Empire, Incorporated ("Empire") filed this action seeking a temporary restraining order and a preliminary injunction enjoining the defendants from attempting to invoke or enforce the Missouri Takeover Bid Disclosure Act (Takeover Act), Chapter 409, Sections 409.500 through 409.565, RSMo 1978, in connection with Empire's tender offer for certain shares of common stock of Wetterau, Incorporated...

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