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Corporations Keyed to Hazen
Schreiber v. Burlington Northern, Inc.
Citation:472 U.S. 1 (1985)
On December 21, 1982, Burlington Northern, Inc., made a hostile tender offer for El Paso Gas Co. Through a wholly owned subsidiary, Burlington proposed to purchase 25.1 million El Paso shares at $24 per share. Burlington reserved the right to terminate the offer if any of several specified events occurred. Burlington did not accept those tendered shares; instead, he announced on January 10, 1983, the terms of a new and friendly takeover agreement. The rescission of the first tender offer caused a diminished payment to those shareholders who had tendered during the first offer. Petitioner filed suit.
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