Metropolitan Life Insurance Company v. Rjr Nabisco, Inc.,

716 F.Supp. 1504 (1989)

Facts

Metropolitan Life (P) sued RJR (D) for its actions relating to the leveraged buyout of RJR by KKK for $109 per share for total of $21 billion. P alleges that D's actions have drastically impaired the value of the bonds issued to P. P alleged that D had misappropriated the value of the bonds to help finance the LBO and to distribute an enormous windfall to the company's shareholders. P moved for summary judgment under Rule 56. P asked the court to find that the indenture contains an implied covenant of good faith and fair dealing and that the covenant was breached and D is in default and must redeem its bonds.