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Couche-Tard's Complaint Against Casey's

Couche-Tard's Complaint Against Casey's

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Published by DealBook
Alimentation Couche-Tard's counterclaims against Casey's General Stores.
Alimentation Couche-Tard's counterclaims against Casey's General Stores.

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Published by: DealBook on Jun 24, 2010
Copyright:Attribution Non-commercial

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07/27/2010

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IN THE UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF IOWACENTRAL DIVISION
 ________________________________________ CASEY’S GENERAL STORES, INC.,Plaintiff,v.ALIMENTATION COUCHE-TARD INC. andACT ACQUISITION SUB, INC.,Defendants. _______________________________________ ALIMENTATION COUCHE-TARD INC. andACT ACQUISITION SUB, INC.,Counterclaim Plaintiffs,v.CASEY’S GENERAL STORES, INC.,Counterclaim Defendant,andROBERT J. MYERS, KENNETH HAYNIE,WILLIAM C. KIMBALL, JOHNNY DANOS,DIANE C. BRIDGEWATER, JEFFREY M.LAMBERTI, RICHARD A. WILKEY and H.LYNN HORAK,Additional CounterclaimDefendants. _______________________________________ )))))))))))))))))))))))))))))))C.A. No. 4:10-cv-265
DEFENDANTS’ ANSWER, AFFIRMATIVE DEFENSES ANDCOUNTERCLAIMS FOR DECLARATORY AND INJUNCTIVE RELIEF
Case 4:10-cv-00265-JAJ-TJS Document 13 Filed 06/18/10 Page 1 of 54
 
1
ANSWER 
Defendants Alimentation Couche-Tard Inc. and ACT Acquisition Sub, Inc.(collectively, “Couche-Tard” unless otherwise noted), by and through their undersignedattorneys, hereby answer the Complaint (the “Complaint”) filed by Casey’s GeneralStores, Inc. (“Casey’s”) in this action as follows:Deny knowledge or information sufficient to form a belief as to the truth of theallegations contained in the first unenumerated paragraph of the Complaint, except denythat discovery will provide evidentiary support for Casey’s claims.1.Deny the allegations in paragraph 1 of the Complaint.2.Admit the allegations in paragraph 2 of the Complaint.3.Admit that Couche-Tard has expandedthrough acquisitions, includingacquisitions in the United States, during the past ten years. Except as so admitted, denythe allegations in paragraph 3 of the Complaint.4.Admit the allegations in paragraph 4 of the Complaint.5.Admit that Couche-Tard completed the acquisition of Circle K in 2003.Except as so admitted, deny the allegations in paragraph 5 of the Complaint, except denyknowledge or information sufficient to form a belief as to the truth of the allegationscontained in the second sentence thereof.6.Admit upon information and belief the allegations in the first threesentences of paragraph 6 of the Complaint. Except as so admitted, deny the allegations in paragraph 6 of the Complaint.7.Deny the allegations in paragraph 7 of the Complaint.
Case 4:10-cv-00265-JAJ-TJS Document 13 Filed 06/18/10 Page 2 of 54
 
28.Admit that in September 2009, Couche-Tard began purchasing shares of Casey’s common stock on the open market and that, as of October 5, 2009, Couche-Tardheld approximately 140,000shares of Casey’s common stock. Further admit that, as of October 5, 2009, Couche-Tard had not yet approached Casey’s regarding a potential business combination transaction. Except as so admitted, deny the allegations in paragraph 8 of the Complaint.9.Admit the allegations in paragraph 9 of the Complaint.10.Admit that on March 9, 2010, Couche-Tard sent a letter to Mr. Myers, andrefer to that letter for a complete statement of its contents. Further admit that on March29, 2010, Couche-Tard received a letter from Mr. Myers, and refer to that letter for acomplete statement of its contents. Further admit that on March 30, 2010, Couche-Tardsent a letter to Mr. Myers and that on April 7, 2010, Couche-Tard received a letter fromMr. Myers, and refer to those letters for a complete statement of their contents. Except asso admitted, denythe allegations in paragraph 10 of the Complaint.11.Admit that from September 2009 to April 10, 2010, Couche-Tard acquiredadditional shares of Casey’s common stock on the open market. Except as so admitted,deny the allegations in paragraph 11 of the Complaint.12.Admit the allegations in paragraph 12 of the Complaint, except for the lastclause of the second sentence of paragraph 12, which contains a legal conclusion as towhich no responsive pleading is required.13.Admit upon information and belief the allegations in paragraph 13 of theComplaint.
Case 4:10-cv-00265-JAJ-TJS Document 13 Filed 06/18/10 Page 3 of 54

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