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FLEET AEROSPACE CORP. v. HOLDERMAN

No. C-2-86-0556.

637 F.Supp. 742 (1986)

FLEET AEROSPACE CORPORATION, Plaintiff, v. Mark HOLDERMAN, Acting Commissioner and Chief of Securities for Division of Commerce; Kenneth Cox, Director of Commerce, Department of Commerce; Aeronca, Inc.; and The State of Ohio, Defendants.

United States District Court, S.D. Ohio, E.D.

June 11, 1986.

Attorney(s) appearing for the Case

John J. Chester, Roderick H. Willcox, J. Anthony Kington, Chester, Hoffman & Willcox, Columbus, Ohio, for plaintiff.

John W. Zeiger, Erwin N. Griswold, John W. Edwards, II, H. Theodore Meyer, Leigh B. Trevor, Jones, Day, Reavis & Pogue, Columbus, Ohio and Sylvia B. Robbins-Penniman, Asst. Atty. Gen., for the State defendants.

James M. Hall, Jr., David L. Johnson, Taft, Stettinius & Hollister, Columbus, Ohio, for defendant Aeronca.

MEMORANDUM AND ORDER

HOLSCHUH, District Judge.

I. INTRODUCTORY

This case presents a direct challenge to the constitutionality of Ohio legislation enacted in response to the Supreme Court's decision in Edgar v. MITE Corp., 457 U.S. 624, 102 S.Ct. 2629, 73 L.Ed.2d 269 (1982), which "sounded the death knell for state control of federally regulated tender offers."1 The Ohio Control...

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