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Jul 27th 2023, 12:52 am
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Substantive regulation determines which info are product. A court will have to grant summary judgment if the pleadings and supporting paperwork, seen in the gentle most favorable to the non-transferring celebration, "exhibit that there is no real difficulty as to any material simple fact and that the shifting social gathering is entitled to judgment as a matter of law." Fed.R.Civ.P. Southern Union was well prepared "to execute an arrangement similar in all content respects" to the Merger Agreement entered into by ONEOK and Southwest and to present Southwest $32 for every share, as compared with ONEOK's supply of $28.50 per share. On December 14, 1998, Southwest and ONEOK entered into a merger settlement ("Merger Agreement") beneath which Southwest was to merge into ONEOK and Southwest's shareholders had been to obtain $28.50 for each share. On April 27, 1999, Southern Union enhanced its bid to $33.50 per share. Between February and the close of April 1999, Southern Union and Southwest exchanged drafts of a proposed merger settlement that would have supplanted the Merger Agreement between ONEOK and Southwest

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On April 5, 1999, James Irvin, a Commissioner with the Arizona Corporation Commission ("ACC"), wrote a letter ("Irvin Letter") to Maffie and Hartley of Southwest. ONEOK submitted the fourth motion, CV-00-1775-PHX-ROS, in opposition to Southwest in Oklahoma on January 21, 2000 ("Second Oklahoma Action").

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