Penske Motorsports Merger with Rockingham Upheld By Appeals Court
6 January 1999
Penske Motorsports Merger with Rockingham Upheld By Appeals Court - Smith DeniedDETROIT, Mich., Jan. 6 -- The North Carolina Court of Appeals announced today its affirmation of the lower court's dismissal of Bruton Smith's lawsuit against Penske Motorsports Inc. (PMI) , North Carolina Speedway, Inc. (NCS), and directors of NCS. Mr. Smith's lawsuit had challenged the proposed merger of PMI and NCS. The Court of Appeals was clear in its unanimous decision that Smith's opposition to the merger is without merit and that the deal between NCS and PMI was fair as to both price and the manner in which it occurred. Robert H. Kurnick, Jr., Senior Vice President and General Counsel, commented: "We are extremely pleased that the Appeals Court has reaffirmed what PMI, NCS, and the lower court believed all along -- that our merger was fair and that Mr. Smith's attempt to block it was completely baseless." Penske Motorsports, Inc. (PMI) is a leading promoter and marketer of professional motorsports in the United States. PMI owns and operates the following facilities through its wholly owned subsidiaries: Michigan Speedway in Brooklyn, Michigan; Nazareth Speedway in Nazareth, Pennsylvania; California Speedway in San Bernadino County, California; and North Carolina Speedway near Rockingham, North Carolina. PMI also holds a 45% interest in Homestead Miami Speedway, LLC, near Miami, Florida. In addition, PMI produces and markets motorsports-related merchandise and accessories such as apparel, souvenirs and collectibles through its subsidiary Motorsports International Corp.; and a subsidiary of PMI distributes and sells Goodyear brand racing tires in the Midwest and Southeast regions of the United States. Penske Motorsports' major shareholder is a majority-owned subsidiary of Penske Corporation, a closely-held, diversified transportation services company which conducts its business through a number of wholly or partially- owned companies, including Penske Truck Leasing Company, Detroit Diesel Corporation, Diesel Technology Company, Penske Automotive Group, Inc., Penske Auto Centers, Inc., and Penske Capital Partners. The Penske group of businesses has annual revenues exceeding $6 billion and employs more than 28,000 around the world.