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MIDWAY AIRLINES, INC. v. CARLSON

Civ. A. No. 85-319 LON.

628 F.Supp. 244 (1985)

MIDWAY AIRLINES, INC., a Delaware corporation, and David R. Hinson, an individual, Plaintiffs, v. Kenneth T. CARLSON, et al, Defendants. Kenneth T. CARLSON, et al, Counterclaim Plaintiffs, v. MIDWAY AIRLINES, INC., a Delaware corporation, and David R. Hinson, an individual, Counterclaim Defendants.

United States District Court, D. Delaware.

June 14, 1985.

Attorney(s) appearing for the Case

Michael D. Goldman, James F. Burnett, David B. Brown, Donald J. Wolfe, Jr. (argued), and Richard L. Horwitz of Potter Anderson & Corroon, Wilmington, Del.; of counsel: Latham & Watkins, and Wachtell Lipton Rosen & Katz, New York City; for plaintiffs and counterclaim defendants.

Stephen J. Rothschild (argued), Thomas J. Allingham II, and Randolph K. Herndon of Skadden, Arps, Slate, Meagher & Flom; Wilmington, Del., for defendants and counterclaim plaintiffs.

LONGOBARDI, District Judge.

Plaintiffs, Midway Airlines, Inc. ("Midway") and David R. Hinson, the president, chief executive officer and chairman of the board of Midway, brought this action alleging that the Defendants violated federal and state securities laws and seeking declaratory and injunctive relief. Defendants are the Stockholders Committee to Revitalize Midway Airlines ("the Committee"), an unincorporated association formed to seek control of Midway, the...

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