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IU INTERN. CORP. v. NX ACQUISITION CORP.

No. 88-3013.

840 F.2d 220 (1988)

IU INTERNATIONAL CORPORATION, Plaintiff-Appellant, v. NX ACQUISITION CORP.; NEOAX, Inc.; Dyson-Kissner-Moran Corporation; WM Financial Corp., Defendants-Appellees, Securities and Exchange Commission, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided February 11, 1988.

Rehearing Granted February 16, 1988.

Attorney(s) appearing for the Case

Paul Vizcarrondo, Jr., New York City, (Francis B. Burch, Jr., Piper & Marbury, Baltimore, Md., Wachtell, Lipton, Rosen & Katz, New York City, on brief), for plaintiff-appellant.

Stephen P. Lamb (Skadden, Arps, Slate, Meagher & Flom, Wilmington, Del., George Beall, Mark D. Gately, Miles & Stockbridge, Baltimore, Md., on brief), for defendants-appellees.

Eric Summergrad, Asst. Gen. Counsel (Daniel L. Goelzer, Gen. Counsel, Jacob H. Stillman, Associate Gen. Counsel, Lucinda O. McConathy, Sp. Counsel, Washington, D.C., on brief), for amicus curiae S.E.C.

Before WINTER, Chief Judge, and MURNAGHAN and ERVIN, Circuit Judges.

Rehearing En Banc Granted February 16, 1988.

MURNAGHAN, Circuit Judge:

The plaintiff, IU International Corporation (IU), is the target of a tender offer by the defendants, a group of companies who formed defendant NX Acquisition Corporation (NX) to make the tender offer. NX commenced the offer on January 6, 1988, by filing required disclosure documents with the Securities and Exchange Commission (SEC) and by transmitting...

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