MEMORANDUM AND ORDER
SKINNER, District Judge.
Agency Rent-A-Car, Inc. ("Agency") brought this action against Michael J. Connolly, Secretary of the Commonwealth of Massachusetts, Michael Unger, Director, Massachusetts Securities Division ("Director"), and Spencer Companies, Inc. ("Spencer"), seeking a declaration that Section 3 of the Massachusetts Act Regulating Take-Over Bids in the Acquisition of Corporations, M.G.L. c. 110C ("the Take-Over Act") is void...
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