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Icahn loses bid for early trial against Steel Partners

Posted on February 12, 2009 11:15 AM
Carl Icahn may have hit a roadblock in his fight to prevent Steel Partners LLC from merging its $1.2 billion Steel Partners II fund into a public shell to create liquidity for investors. The Delaware Court of Chancery has refused to schedule an expedited trial on the billionaire activist's claim, so the reverse merger is likely to be final before the trial begins.

Icahn's suit was brought in the name of the pension plan of ACF Industries LLC, a St. Charles, Mo., railcar manufacturer that Icahn has long controlled, and the plan's trustee, Bank of America NA. In a suit filed last month, the ACF pension fund, which had invested $15 million in Steel Partners II, accused Steel of committing fraud by not advising investors of its plans to go public.

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