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NRG ENERGY, INC. v. EXELON CORP.

No. 09 Civ. 2448 (JGK).

646 F.Supp.2d 431 (2009)

NRG ENERGY, INC., Plaintiff, v. EXELON CORPORATION and Exelon Xchange Corporation, Defendants.

United States District Court, S.D. New York.

June 19, 2009.

Attorney(s) appearing for the Case

Victoria Reznik, Adam Thomas Humann, Andrew M. Genser, Michael David Reisman, Yosef J Riemer, Kirkland & Ellis LLP, New York, NY, for Plaintiff.

Adrienne B. Pitts, Matthew B. Kilby, Walter C. Carlson, Sidley Austin, LLP, Chicago, IL, Andrew W. Stern, Isaac S. Greaney, Sidley Austin LLP, New York, NY, for Defendants.

OPINION AND ORDER

JOHN G. KOELTL, District Judge:

This litigation is an attempt by the target of a purported hostile takeover bid to require the acquiring company to admit in its public disclosures that it will not complete the hostile takeover but will only complete the deal on a negotiated basis. The acquiring company says that it means what it says and that it will complete the takeover, if...

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