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GREAT WESTERN UNITED CORP. v. KIDWELL

No. 77-2809.

577 F.2d 1256 (1978)

GREAT WESTERN UNITED CORPORATION, Plaintiff-Appellee, v. Wayne L. KIDWELL, Attorney General of Idaho, Defendant, Tom D. McEldowney, Director of the Department of Finance of the State of Idaho, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 10, 1978.

Attorney(s) appearing for the Case

James P. Kaufman, Ellis McKay, Asst. Attys. Gen., Dept. of Finance, State of Idaho, Boise, Idaho, for defendant-appellant.

Ivan Irwin, Al B. Conant, Jr., Dallas, Tex., for plaintiff-appellee.

Harvey L. Pitt, Gen. Counsel, Washington, D. C., amicus curiae for Securities & Exchange Comm.

David J. Della-Bitta, Asst. Atty. Gen. of Conn., Hartford, Conn., amicus curiae for State of Conn.

Donald A. Antrim, Asst. Atty. Gen., Columbus, Ohio, amicus curiae for State of Ohio.

P. Roger Googe, Jr., Asst. Atty. Gen., Jackson, Miss., amicus curiae for State of Miss.

John R. Flowers, Jr., Asst. Atty. Gen., New Orleans, La., amicus curiae for State of La.

Louis J. Lefkowitz, Atty. Gen. of N. Y., New York City, amicus curiae for State of New York.

Michael L. Deamer, Chief Deputy Atty. Gen., Donald B. Holbrook, Salt Lake City, Utah, amicus curiae for State of Utah.

Before WISDOM, GODBOLD and CLARK, Circuit Judges.

WISDOM, Circuit Judge.

This appeal involves important issues relating to a state statute regulating corporate takeovers through tender offers. The plaintiff-appellee is Great Western United Corporation (Great Western), a publicly owned Delaware corporation with its major executive offices located in Dallas, Texas. The principal officers, all directors, and the controlling shareholders of Great Western reside in Dallas. The...

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