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WLR FOODS, INC. v. TYSON FOODS, INC.

Civ. A. No. 94-012-H.

869 F.Supp. 419 (1994)

WLR FOODS, INC., Plaintiff, v. TYSON FOODS, INC., Defendant. TYSON FOODS, INC. and WLR Acquisition Corp., Counterclaimants, v. WLR FOODS, INC., et als., Counterclaim-defendants.

United States District Court, W.D. Virginia, Harrisonburg Division.

December 6, 1994.

Attorney(s) appearing for the Case

Douglas Leigh Guynn, Wharton, Aldhizer & Weaver, Harrisonburg, VA, William R. Norfolk, Sullivan & Cromwell, New York City, for WLR Foods, Inc.

Leslie Allan Grandis, Thomas Francis Farrell, II, McGuire, Woods, Battle & Boothe, Richmond, VA, James Vernon Lane, Litten & Sipe, Harrisonburg, VA, James Linwood Sanderlin, McGuire, Woods, Battle & Boothe, Richmond, VA, James Rothgeb Sipe, Litten & Sipe, Harrisonburg, VA, Thomas Edward Spahn, McGuire, Woods, Battle & Boothe, Richmond, VA, Russell E. Brooks, Milbank, Tweed, Hadley & McCloy, New York City, for Tyson Foods, Inc.

John Walter Zunka, Richard H. Milnor, Taylor & Zunka, Charlottesville, VA, for William H. Groseclose, Herman D. Mason, George E. Bryan, Clavin G. Germroth, Charles W. Wampler, Jr., James L. Keeler, William D. Wampler, Charles L. Campbell, Stephen W. Custer, J. Craig Hott.

MEMORANDUM OPINION

MICHAEL, District Judge.

WLR Foods, Inc. ("WLR") filed a complaint seeking a declaratory judgment affirming the validity of certain Virginia statutes and certain of its actions taken in defending itself against a hostile takeover commenced by Tyson Foods, Inc. and WLR Acquisition Corp. ("Tyson"). Tyson filed a counterclaim attacking the defenses undertaken by WLR in warding off the takeover attempt. Tyson included various counts...

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