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FLEET AEROSPACE CORP. v. HOLDERMAN

Nos. 86-3533, 86-3536.

848 F.2d 720 (1988)

FLEET AEROSPACE CORPORATION, Plaintiff-Appellee, v. Mark HOLDERMAN, Acting Commissioner and Chief of Securities Div. of Securities, Department of Commerce of the State of Ohio (86-3536); Kenneth Cox (86-3536); Aeronca, Inc.; and the State of Ohio (86-3533), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided June 6, 1988.

Attorney(s) appearing for the Case

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

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

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

WELLFORD, Circuit Judge.

The factual and procedural basis of this dispute concerning a cash tender offer by Fleet Aerospace Corporation ("Fleet"), a Canadian corporation, to acquire stock of Aeronca, Inc., an Ohio corporation, has been set out in our prior decision in this case reported at 796 F.2d 135 (6th Cir.1986).1 We do not set out all the underlying circumstances except as may be relevant to our...

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