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MESA PETROLEUM CO. v. CITIES SERVICE CO.

Nos. 82-1838, 82-2614, 82-2615 and 83-1082.

715 F.2d 1425 (1983)

MESA PETROLEUM COMPANY, a corporation, Occidental Petroleum Corporation, a corporation, the Bendix Corporation, a corporation, Plaintiffs-Appellees, v. CITIES SERVICE COMPANY, a corporation, Martin Marietta Corporation, a corporation, Defendants, Deanna Burger, Acting Administrator of the Oklahoma Department of Securities, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 18, 1983.

Attorney(s) appearing for the Case

Vaughn Williams, of Skadden, Arps, Slate, Meagher & Flom, New York City (Fellers, Snider, Blankenship, Bailey & Tippens, Oklahoma City, Okl., on brief), for plaintiff-appellee Occidental Petroleum Co.

Burck Bailey, of Fellers, Snider, Blankenship, Bailey & Tippens, Oklahoma City, Okl. (Margaret McMorrow-Love, of Fellers, Snider, Blankenship, Bailey & Tippens, Oklahoma City, Okl.; John Held and William R. Burke, Jr., of Baker & Botts, Houston, Tex., on brief), for plaintiff-appellee Mesa Petroleum Co.

John Thompson, Oklahoma City, Okl. (Deanna Burger, Oklahoma City, Okl., on brief), for defendant-appellant Acting Administrator of Okl. Dept. of Securities.

Burck Bailey and Margaret McMorrow-Love, of Fellers, Snider, Blankenship, Bailey & Tippens, Oklahoma City, Okl., submitted a brief for plaintiff-appellee, The Bendix Corp.

Before SETH, SEYMOUR and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge.

The chief issue presented by these consolidated appeals is the constitutionality of the Oklahoma Take-Over Bid Act, 71 O.S. §§ 431-450 (1981) (Oklahoma Act or the Act).

The District Court for the Western District of Oklahoma, David L. Russell, District Judge, struck down the Act on the ground that it violated the commerce clause of the United States Constitution. We agree. We affirm.

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