exactly throw it. She just lets it go. She doesn't put it on the ground. She lets it go."
We think this testimony is far from establishing Julia's propensity to throw bats. Certainly, she acted as any normal 12- or 13-year-old child would do in the accepted game of Softball. Softball is not an inherently dangerous undertaking, and the school was not negligent in permitting a softball game to be played. The record shows that there is more than ample space for the children to engage in this softball game in the particular area where they were playing, despite the lower court's finding to the contrary. In fact, the recreation areas of St. Francis Cabrini School are divided into four different areas so that the boys would have oneof the district court's opinion of just over sixteen million shares issued and outstanding, is listed and traded on the New York Stock Exchange and elsewhere.  Smith, the would-be acquirer of control, is a Delaware corporation, admitted to do business in Texas and engaged in oil field service work there.  For well over ten years, Smith and Gearhart have considered joining forces in some fashion, going so far about a year ago as to discuss specific merger ratios of Smith shares per Gearhart share.  About the same time, however, Smith, with a view to acquiring Gearhart, employed an investment banker and assembled an internal acquisition team.


5
Shortly after this, and in connection with their merger discussions, Smith obtained permission from Gearhart to talk with General Electric