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FLEET AEROSPACE CORP. v. HOLDERMAN

Nos. 86-3533, 86-3536.

796 F.2d 135 (1986)

FLEET AEROSPACE CORPORATION, Plaintiff-Appellee, v. Mark HOLDERMAN, Acting Commissioner and Chief of Securities Div. of Securities, Dept. of Commerce of The State of Ohio; Aeronca, Inc.; & State of Ohio, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

June 25, 1986.

Attorney(s) appearing for the Case

Russell Robinson II, argued, James M. Hall, Jr. (Aeronca), Sylvia B. Robbins-Penniman, John W. Zeiger, Jones, Day, Reavis & Pogue, Columbus, Ohio, Erwin N. Griswold argued, for defendants-appellants.

John J. Chester argued, Chester, Hoffman & Willcox, Columbus, Ohio, for plaintiff-appellee.

Before KENNEDY and WELLFORD; Circuit Judges; and, PECK, Senior Circuit Judge.

WELLFORD, Circuit Judge.

Plaintiff, Fleet Aerospace Corporation (Fleet), a Canadian corporation, filed an action in the Southern District of Ohio on May 21, 1986, challenging the constitutionality of the Ohio Control Share Acquisition Act with respect to its applicability to a cash tender offer made by Fleet to acquire stock of defendant Aeronca, Inc. (Aeronca), an Ohio corporation. Other defendants in the proceeding were Mark Holderman, acting commissioner and Chief...

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