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GAF CORPORATION v. MILSTEIN

No. 280, Docket 71-1503.

453 F.2d 709 (1971)

GAF CORPORATION, Plaintiff-Appellant, v. Paul MILSTEIN et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 13, 1971.

Attorney(s) appearing for the Case

Edwin J. Wesely, New York City (Winthrop, Stimson, Putnam & Roberts, New York City, Richard A. Horgan, Eugene Guenard McGuire, New York City, of counsel), for plaintiff-appellant.

Louis Loss, Cambridge, Mass. (Stroock & Stroock & Lavan, New York City, David Lubart, Charles G. Moerdler, Stephen A. Block, Robert P. Stein, New York City, of counsel), for defendants-appellees.

Before KAUFMAN and MANSFIELD, Circuit Judges, and LEVET, District Judge.

KAUFMAN, Circuit Judge:

This appeal involves the interpretation of section 13(d) of the Securities Exchange Act,1 hitherto a largely unnoticed provision2 added in 1968 by the Williams Act.3 We write, therefore, on a relatively tabula rasa, despite the burgeoning field of securities law. Essentially, section 13(d) requires any person, after acquiring more than 10% (now 5%...

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