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GRAY DRUG STORES, INC. v. SIMMONS

No. C 81-1724.

522 F.Supp. 961 (1981)

GRAY DRUG STORES, INC., and Jerome A. Weinberger, Plaintiffs, v. Harold C. SIMMONS, Individually, Harold C. Simmons, as Sole Trustee of the 1964 Trust for the Benefit of the Children and Grandchild of Harold C. Simmons, National City Lines, Inc., Contran Corporation, and Contran Holding Company, Defendants.

United States District Court, N. D. Ohio, E. D.

August 31, 1981.

Attorney(s) appearing for the Case

Ellis H. McKay, Leigh B. Trevor, Maynard F. Thomson, Jones, Day, Reavis & Pogue, Cleveland, Ohio, David J. White, Hugh R. Whiting, Jones, Day, Reavis & Pogue, Dallas, Tex., for plaintiffs.

Donald E. Scott, Jeffrey S. Davidson, Phillip H. Hecht, Kirkland & Ellis, Washington, D. C., Wayne C. Dabb, Jr., Baker & Hostetler, Cleveland, Ohio, for defendants.

MEMORANDUM OPINION AND ORDER

LAMBROS, District Judge.

I. INTRODUCTION

This action arises out of a tender offer by defendant National City Lines, Inc. ("NCL") for approximately 25% of the outstanding common stock of plaintiff Gray Drug Stores, Inc. ("Gray"). Gray has moved for a preliminary injunction.

Gray is an Ohio corporation with its principal executive offices in Cleveland, Ohio. Gray's stock is traded on the New York Stock...

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