InBev seeks summary judgment in court

PHILADELPHIA Tue Jul 8, 2008 8:30pm EDT

Bud Light and Budweiser beer is shown in a cooler at the Toluca Mart liquor store in Los Angeles, California June 16, 2008. REUTERS/Fred Prouser

Bud Light and Budweiser beer is shown in a cooler at the Toluca Mart liquor store in Los Angeles, California June 16, 2008.

Credit: Reuters/Fred Prouser

PHILADELPHIA (Reuters) - InBev NV INTB.BR on Tuesday asked a court to make a summary judgment on its lawsuit over the possible removal of all 13 directors of Anheuser-Busch Cos Inc's (BUD.N) board, according to court documents obtained by Reuters.

InBev, which aims to buy the U.S. brewer of Budweiser beer for $46.3 billion, had previously filed the lawsuit in Delaware Chancery Court seeking to confirm the right of Anheuser shareholders to remove the entire board without cause.

St. Louis-based Anheuser-Busch declined to comment on Tuesday. It previously said it would challenge InBev's claim.

Belgian-Brazilian InBev on Monday filed a preliminary proposal with the U.S. Securities and Exchange Commission that sought to allow Anheuser-Busch shareholders to vote on the board's future.

InBev proposed its own slate of nominees for the board that included Adolphus Busch IV, an uncle of the current chief executive of Anheuser-Busch.

Anheuser-Busch filed a lawsuit on Monday, seeking an injunction to halt InBev's efforts to replace the board until it provides more information on the takeover offer, as well as InBev's operations in Cuba.

That suit, which was filed in the U.S. District Court in the Eastern District of Missouri, cited "an illegal plan and scheme by InBev, through a course of deceptive conduct, to acquire control of Anheuser-Busch at a bargain price."

(Reporting by Jessica Hall; Editing by Gary Hill)

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