AGENCY RENT-A-CAR, INC. v. CONNOLLY

Nos. 82-1337, 82-1338.

686 F.2d 1029 (1982)

AGENCY RENT-A-CAR, INC., Plaintiff, Appellee, v. Michael J. CONNOLLY, etc., et al., Defendants, Appellees. Spencer Companies, Inc., Defendant, Appellant. AGENCY RENT-A-CAR, INC., Plaintiff, Appellee, v. Michael J. CONNOLLY, etc., et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided August 16, 1982.


Attorney(s) appearing for the Case

David W. Walker, with whom Sandra L. Lynch, and Foley, Hoag & Eliot, Boston, Mass., were on brief, for defendant, appellant Spencer Companies, Inc.

Paul W. Johnson, Asst. Atty. Gen., with whom Francis X. Bellotti, Atty. Gen., and Carolyn V. Wood, Asst. Atty. Gen., Boston, Mass., were on brief, for defendants, appellants Connolly, Unger and Bellotti.

Joshua M. Berman, with whom David L. Engel, and Berman, Dittmar & Engel, P. C., Boston, Mass., were on brief, for plaintiff, appellee Agency Rent-A-Car, Inc.

Before CAMPBELL, BOWNES and BREYER, Circuit Judges.


LEVIN H. CAMPBELL, Circuit Judge.

This is an appeal from a preliminary injunction entered by the district court, 542 F.Supp. 231, enjoining officials of the Commonwealth of Massachusetts from enforcing provisions of the Massachusetts take-over statute, Mass.Gen.Laws ch. 110C (as amended by 1981 Mass.Acts ch. 508), against plaintiff Agency Rent-A-Car, Inc., so as to prevent Agency from making a tender offer for shares of defendant...

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