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L.P. ACQUISITION CO. v. TYSON

No. 85-1640.

772 F.2d 201 (1985)

L.P. ACQUISITION COMPANY, et al., Plaintiffs-Appellants, v. Carl L. TYSON, Acting Director of the Corporation and Securities Bureau of the Department of Commerce of the State of Michigan, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 26, 1985.

Attorney(s) appearing for the Case

John C. Elam, Vorys, Sater, Seymour & Pease, Columbus, Ohio, Michael W. Schwartz, argued, Wachtell, Lipton, Rosen & Katz, New York City, for plaintiffs-appellants.

Diane Sanger, Asst. Gen. Counsel, S.E.C., Washington, D.C., for amicus curiae (SEC).

William Saxton, Butzel, Long, Gust, Klein & Van Zile, Phillip Kessler, argued, Detroit, Mich., Joe Sutton argued, (Kelley, Ross & Tyson) Asst. Atty. Gen., Lansing, Mich., for defendants-appellees.

Before MERRITT, MARTIN and CONTIE, Circuit Judges.

PER CURIAM.

Plaintiffs L.P. Acquisition Company and L.P. Media, Inc. appeal from a judgment of the district court denying their motion for a preliminary injunction and dismissing their complaint challenging the constitutionality of the Michigan Take-Over Offers Act, M.C.L.A. §§ 451.901-917, and the Michigan Uniform Securities Act, M.C.L.A. §§ 451.501-818, pursuant to 28 U.S.C. §§ 1331(a), 1337(a), 2201. We reverse.

I.

...

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