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HOWING CO. v. NATIONWIDE CORP.

No. 85-3929.

826 F.2d 1470 (1987)

HOWING CO., et al., Plaintiffs-Appellants, v. NATIONWIDE CORPORATION, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 7, 1987.

Rehearing and Rehearing Denied September 24, 1987.

Attorney(s) appearing for the Case

William R. Jacobs argued, Strauss, Troy & Ruehlmann Co., L.P.A., Cincinnati, Ohio, for plaintiffs-appellants.

Jeffrey S. Davidson argued, Washington, D.C., for defendants-appellees.

Before MERRITT, GUY and NORRIS, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 24, 1987.

MERRITT, Circuit Judge.

Under § 13(e) of the Securities Exchange Act of 1934, a Williams Act provision enacted in 1968, a company that has issued publicly traded stock is prohibited from buying it back unless the issuer complies with rules promulgated by the SEC.1 This appeal raises issues concerning the existence of a private right of action under § 13e-3, the...

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