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ONEOK argues that Southern Union are not able to exhibit that it was fairly certain of merging with Southwest simply because the get-togethers had been not shut to achieving a definitive merger settlement. Southern Union argues that, but for the actions of these Defendants, Southern Union was moderately assured of consummating a merger with Southwest and knowing sizeable revenue. In light of this conflicting proof, the Court finds genuine troubles of substance truth no matter whether Southern Union was fairly assured of consummating the merger with Southern Union. ONEOK argues that Southern Union's tortious interference claim fails simply because Southern Union simply cannot display that it was "fairly certain" of consummating a merger with Southwest "but for" ONEOK's alleged interference. eight. Although ONEOK's most important argument is that Southern Union was not reasonably assured of merging with Southwest, ONEOK also argues that ONEOK's alleged interference did not lead to the merger to fail. ONEOK argues that the existing scenario is distinguishable because the Southwest Board, in contrast to the focus on company in Megawatt, was not completely anxious with marketing to the highest bidder. In Megawatt, which also concerned a unsuccessful utilities merger, the courtroom denied summary judgment mainly because there was adequate proof from which a jury could conclude that the defendant's alleged interference deprived the plaintiff of an option to outbid its competitor

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