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AMERICAN CARRIERS, INC. v. BAYTREE INVESTORS, INC.

Civ. A. No. 88-2067.

685 F.Supp. 800 (1988)

AMERICAN CARRIERS, INC., Plaintiff, v. BAYTREE INVESTORS, INC., Gilbert K. Granet, and Christopher A. Jansen, Defendants.

United States District Court, D. Kansas.

February 29, 1988.

Attorney(s) appearing for the Case

Kent E. Whittaker, Hillix, Brewer, Hoffhaus, Whittaker & Horner, Kansas City, Mo., Richard T. Sharp, Stein, Zauderer, Ellenhorn, Frischer & Sharp, New York City, William Hankins, Overland Park, Kan., for plaintiff.

Michael E. Lazzo, Baker & Sterchi, Overland Park, Kan., Thomas E. Rice, Jr., Phillip C. Rouse, Baker & Sterchi, Kansas City, Mo., Peter G. Swan, Emalfarb, Swan & Bain, Highland Park, Ill., for defendants.

MEMORANDUM AND ORDER

EARL E. O'CONNOR, Chief Judge.

This matter is presently before the court on defendants' motion to dismiss and on plaintiff's motion for a preliminary injunction against defendants, seeking to: (1) enjoin the defendants from making or announcing a tender offer for American Carriers, Inc. stock unless prior to making any such offer defendants make a "corrective" disclosure of their February 3rd tender offer by complying with the Securities...

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