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FLORIDA COMMERCIAL BANKS v. CULVERHOUSE

No. 84-5921.

772 F.2d 1513 (1985)

FLORIDA COMMERCIAL BANKS, Plaintiff-Appellant, v. Hugh F. CULVERHOUSE, Sr. and the John Doe Group, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 7, 1985.

Attorney(s) appearing for the Case

Paul J. Levine, Richard J. Bischoff, John S. Fletcher, Gary S. Koenigsberg, Robert M. Brochin, Morgan, Lewis & Bockius, Miami, Fla., A.A. Sommer, Jr., Morgan, Lewis & Bockius, Washington, D.C., for plaintiff-appellant.

Stephen DeTore, S.E.C., Robert Mills, Rosalind Cohen, Paul Gonson, Washington, D.C., for amicus curiae.

Michael R. Josephs, Haddad, Josephs & Jack, Denise V. Powers, Coral Gables, Fla., for defendants-appellees.

Before FAY and JOHNSON, Circuit Judges, and HOFFMAN, District Judge.

JOHNSON, Circuit Judge:

This appeal challenges the district court's dismissal of claims brought under Sections 13(d), 14(d), and 14(e) of the Securities and Exchange Act of 1934 ("Exchange Act"). Appellant asserts that those provisions provide a target corporation (or "issuer corporation") with a private cause of action to obtain corrective disclosures from a tender offeror who has filed with the Securities and Exchange Commission ("SEC"), and disseminated to shareholders...

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