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

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

861 F.Supp. 1277 (1994)

WLR FOODS, INC., Plaintiff, v. TYSON FOODS, INC., Defendant, and 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.

August 9, 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, James Vernon Lane, Litten & Sipe, Harrisonburg, VA, James Linwood Sanderlin, 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, Tyson Foods, Inc.

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

MEMORANDUM OPINION

MICHAEL, District Judge.

Tyson Foods, Inc. (Tyson) has commenced a hostile attempt to take over WLR Foods, Inc. (WLR). In doing so, it has made a tender offer to WLR shareholders of $30 per share. WLR has filed suit seeking a declaratory judgment affirming various measures undertaken by WLR to defend against Tyson's takeover attempt. Tyson has counterclaimed, asserting that such measures are illegal, that WLR's Board of Directors...

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