FMC Corporation and Subsidiaries - Page 10




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               The District Court (Judge Ann C. Williams, presiding)                  
          dismissed the Federal claims set forth in the Complaint, holding            
          that petitioner lacked the requisite constitutional standing to             
          sue, and refused to exercise pendant jurisdiction over the State            
          law claims.  FMC Corp. v. Boesky, 673 F. Supp. 242 (N.D. Ill.               
          1987).  The Court of Appeals for the Seventh Circuit reversed,              
          holding that petitioner had the requisite standing to sue in                
          Federal court by virtue of the wrongful misappropriation of its             
          confidential business information and the use of that information           
          to further insider trading.  FMC Corp. v. Boesky, 852 F.2d 981              
          (7th Cir. 1988).  Subsequently, on or about September 23, 1988,             
          petitioner filed a first amended complaint (First Amended                   
          Complaint) containing 16 counts, all of which alleged again that            
          petitioner suffered damages in excess of $235 million.  Paragraph           
          64(b) of the First Amended Complaint alleged as "Adverse                    
          Financial Consequences to FMC" that                                         
                    The price of FMC's common stock was                               
                    wrongfully manipulated, causing FMC to revise                     
                    its planned recapitalization and pay                              
                    approximately $220 million more in cash than                      
                    FMC would have paid for its publicly held                         
                    common stock, tendered in response to FMC's                       
                    offer to purchase Old FMC Stock and to sell                       
                    New FMC Stock; * * *                                              
               Upon remand, the District Court dismissed, with prejudice,             
          for failure to state a claim, petitioner's claims under the                 
          securities laws, holding that petitioner had failed to establish            
          that it suffered any actual economic damages from the defendants’           





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