EMHART CORPORATION, Plaintiff-Appellant,
v.
USM CORPORATION, Defendant-Appellee.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Argued November 5, 1975.
Decided November 7, 1975.
Attorney(s) appearing for the Case
Raymond L. Falls, Jr., New York City, with whom Gaston Snow & Ely Bartlett, Boston, Mass., and Cahill Gordon & Reindel, New York City, were on brief, for appellant.
Taggart Whipple, New York City, with whom Choate, Hall & Stewart, Boston, Mass., and Davis, Polk & Wardwell, New York City, were on brief, for appellee.
David F. Cavers, Jr., Robert L. Klivans, Palmer & Dodge and Walter G. Van Doran, Boston, Mass., on brief, for Bernard Patrick McDonough and Alma G. McDonough, amici curiae.
Before COFFIN, Chief Judge, ALDRICH and McENTEE, Circuit Judges.
United States Court of Appeals, First Circuit.
ALDRICH, Senior Circuit Judge.
On October 14, 1975, the District Court for the District of Massachusetts issued a preliminary injunction1 enjoining the carrying out of a tender offer made by appellant Emhart Corporation on September 9, 1975, to purchase from public shareholders of appellee USM Corporation, formerly United Shoe Machinery Corporation, 1,000,000 common shares, at $23 a share. Emhart already owned 1,241,500 shares, and if...
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