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GRACE BROS. v. FARLEY INDUS.

S94A0791, S94A0792.

264 Ga. 817 (1994)

GRACE BROTHERS, LTD. et al. v. FARLEY INDUSTRIES, INC. et al. LANIER v. FARLEY INDUSTRIES, INC. et al.

Supreme Court of Georgia.

Reconsiderations Denied December 20, 1994. And January 13, 1995.

Attorney(s) appearing for the Case

Powell, Goldstein, Frazer & Murphy, William G. Leonard, John M. Gross, Lewis, Taylor & Todd, John M. Taylor, King & Spalding, Griffin B. Bell, M. Robert Thornton, Robert R. Ambler, Jr., for appellants.

Bondurant, Mixson & Elmore, H. Lamar Mixson, Jeffrey D. Horst, Jill A. Pryor, Sutherland, Asbill & Brennan, John A. Chandler, John North, Willis, McKenzie & Long, Edward L. Long, Jr., for appellees.

THOMPSON, Justice.

William Farley, and entities associated with him, made a tender offer of $58 per share for all of the outstanding common stock of West Point Pepperell ("WPP").1 The offer was approved by WPP's board of directors and 95 percent of WPP's stock was tendered to Farley.

The tender offer negotiations led to a merger agreement in which West Point Acquisition Corporation and WPP agreed to use their best efforts to merge...

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