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Carrier Corp. v. United Technologies Corp.

filed: December 18, 1978.

CARRIER CORP.
v.
UNITED TECHNOLOGIES CORP.; UNITED STATES V. UNITED TECHNOLOGIES CORP.



Present: Honorable Sterry R. WATERMAN, Honorable Walter R. MANSFIELD, and Honorable James L. OAKES: Upon these consolidated appeals from the Memorandum Decision and Order of the United States District Court for the Northern District of New York denying appellants' motions for preliminary injunctive relief that would restrain United Technologies Corporation ("United") from completing its purchase of 49% of the issued and outstanding stock of Carrier Corporation, for which a tender offer has been made by United, the order of the Northern District of New York is affirmed.

This order does not constitute an approval of the standards adopted by the district court in determining whether the Government is entitled to preliminary injunctive relief pursuant to § 15 of the Clayton Act, 15 U.S.C. § 15, which imposes a different burden on the Government than that imposed upon private parties.Nor does our order represent an approval of all of the district court's numerous findings and conclusions. However, even after applying the different standard required of the Government and disregarding some of the district court's findings and conclusions, we are satisfied that the evidence is insufficient to support appellants' contention that the district court's denial of preliminary injunctive relief constituted an abuse of discretion. Moreover, our order is without prejudice to the district court's consideration of the question of whether, upon acquisition of the tendered Carrier common stock, United shoould be required to hold Carrier Corp. separate pending trial on the merits. Lastly, this order is not intended to express any views with respect to the merits, which will be resolved upon trial.

19781218

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