GREAT WESTERN UNITED CORP. v. KIDWELL

Civ. A. No. CA-3-77-0405-D.

439 F.Supp. 420 (1977)

GREAT WESTERN UNITED CORPORATION, Plaintiff, v. Wayne L. KIDWELL, Attorney General of Idaho, Tom D. McEldowney, Director of the Idaho Department of Finance, Louis J. Lefkowitz, Attorney General of New York, Francis B. Burch, Attorney General of Maryland, and Norman Polovoy, Commissioner of Securities, Maryland Division of Securities, Defendants.

United States District Court, N. D. Texas, Dallas Division.

September 2, 1977.


Attorney(s) appearing for the Case

Ivan Irwin, Jr., A. B. Conant, Jr., James V. Grevelle, Shank, Irwin, Conant, Williamson & Grevelle, Dallas, Tex., Manuel F. Cohen, Michael R. Klein, Robert B. McCaw, A. Stephen Hut, Jr., Patricia D. Douglass, Cornelius J. Golden, Jr., Wilmer, Cutler & Pickering, Washington, D. C., James Wm. Moore, New Haven, Conn., for plaintiff.

Dickee Howard Goodman, Asst. Atty. Gen. State of Md., Baltimore, Md., for Burch and Polovoy.

Orestes J. Mihaly, Asst. Atty. Gen. in Charge, Bureau of Security, Louis J. Lefkowitz, Atty. Gen., pro se, New York City, Eugene D. Berman, Sp. Deputy Atty. Gen., Amy Juvilen, Asst. Atty. Gen., William S. Dugan, Deputy Asst. Atty. Gen., for Atty. Gen., State of N. Y.

Wayne L. Kidwell, Atty. Gen. of Idaho, Boise, Idaho, by Peter E. Heiser, Jr., Chief Deputy Atty. Gen., and James P. Kaufman, Asst. Atty. Gen., for Kidwell and McEldowney; Ellis McKay, Los Angeles, Cal., William H. Steinbrink, Robert A. Profusek, Cleveland, Ohio, Special Counsel.


MEMORANDUM OPINION

ROBERT M. HILL, District Judge.

In this case plaintiff challenges the constitutionality of the statutes of the states of Idaho, New York and Maryland which seek to regulate tender offers when the subject of the tender (called the target company) has one of various nexus with the states. These are commonly called "takeover" statutes. Plaintiff contends the takeover statutes are preempted by the Williams Act, the federal statute which controls...

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