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CALEB & CO. v. E.I. DuPONT de NEMOURS & CO.

No. 84 Civ. 4075 (RWS).

615 F.Supp. 96 (1985)

CALEB & CO. and Unit & Co., partnerships, on Behalf of themselves and all others similarly situated, Plaintiffs, v. E.I. DuPONT de NEMOURS & COMPANY, First Jersey National Bank, and Conoco, Inc., Defendants.

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

July 26, 1985.

Attorney(s) appearing for the Case

Breed, Abbott & Morgan, New York City, for plaintiffs; Thomas A. Shaw, Jr., Thomas W. Kelly, Howard Wolfson, New York City, of counsel.

Cravath, Swaine & Moore, New York City, for defendants E.I. DuPont and Conoco; Ronald S. Rolfe, Alan R. Glickman, Marc J. Apfelbaum, New York City, of counsel.

Olwine, Connelly, Chase, O'Donnell & Weyher, New York City, for defendant First Jersey Nat. Bank; Job Taylor, III, William K. Dodds, Maura Fecher, New York City, of counsel.

SWEET, District Judge.

This securities action, arising from the tender offer by E.I. DuPont de Nemours and Co. ("DuPont") for Conoco ("Conoco"), returns as the result of an amended complaint and a renewed motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). The motion is granted in part and denied in part, as set forth below.

Prior Proceedings

The initial complaint in this action, filed by plaintiffs Caleb & Co. and Unit and Co. ("Caleb") on...

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