MISSOURI PORTLAND CEMENT CO. v. H. K. PORTER CO.

No. 75-1971.

535 F.2d 388 (1976)

MISSOURI PORTLAND CEMENT COMPANY, Appellant, v. H. K. PORTER COMPANY, INC., et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 3, 1976.


Attorney(s) appearing for the Case

Daniel F. Kolb, Davis, Polk & Wardwell, New York City, for appellant; Lewis, Rice, Tucker, Allen & Chubb, St. Louis, Mo., on brief.

Jim J. Shoemake, Guilfoil, Symington & Petzall, St. Louis, Mo., for appellees; Wachtell, Lipton, Rosen & Katz, New York City, on brief.

Before LAY, HEANEY and STEPHENSON, Circuit Judges.


STEPHENSON, Circuit Judge.

This appeal involving anti-fraud provisions of the federal securities laws requires a determination of whether the district court1 abused its discretion in denying appellant's most recent request for a preliminary injunction to block a cash tender offer for 500,000 shares of its common stock. We have concluded that appellant has failed to establish the prerequisites for obtaining preliminary injunctive relief...

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