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ASH v. GAF CORP.

No. 82-1583.

723 F.2d 1090 (1983)

ASH, Richard A., Appellant, v. GAF CORPORATION.

United States Court of Appeals, Third Circuit.

Decided December 14, 1983.

As Amended February 3, 1984.

Attorney(s) appearing for the Case

Marvin F. Galfand (argued), Galfand & Galfand, Philadelphia, Pa., for appellant.

John G. Harkins, Jr. (argued), Marjorie Greenfield Marinoff, L. Marion K. Littman, Pepper, Hamilton & Scheetz, Philadelphia, Pa., Robert H. Beber, General Counsel, GAF Corporation, New York City, for appellee.

Before HUNTER and HIGGINBOTHAM, Circuit Judges, and GERRY, District Judge.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

This appeal requires us to interpret and apply Rule 14a-3(b) of the Security and Exchange Commission (SEC) to determine whether GAF Corporation (GAF) violated the rule in sending its annual report to shareholders by third-class mail four to five days in advance of sending its proxy materials by first-class mail. If we find a violation, we then must decide whether that violation, without more...

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