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SCHREIBER v. BURLINGTON NORTHERN, INC.

No. 83-2129.

472 U.S. 1 (1985)

SCHREIBER v. BURLINGTON NORTHERN, INC., ET AL.

Supreme Court of United States.

Decided June 4, 1985

Attorney(s) appearing for the Case

Irving Bizar argued the cause and filed briefs for petitioner.

Marc P. Cherno argued the cause for respondents. With him on the brief were Robert K. Payson, Harvey L. Pitt, Stephen D. Alexander, A. Gilchrist Sparks III, and Howard W. Goldstein.

CHIEF JUSTICE BURGER delivered the opinion of the Court.

We granted certiorari to resolve a conflict in the Circuits over whether misrepresentation or nondisclosure is a necessary element of a violation of § 14(e) of the Securities Exchange Act of 1934, 15 U. S. C. § 78n(e).

I

On December 21, 1982, Burlington Northern, Inc., made a hostile tender offer for El Paso Gas Co. Through a wholly owned subsidiary...

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