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HYDE PARK PARTNERS, L.P. v. CONNOLLY

Nos. 88-1001, 88-1002.

839 F.2d 837 (1988)

HYDE PARK PARTNERS, L.P., and Hyde Park Holdings, Inc., Plaintiffs, Appellees, v. Michael J. CONNOLLY, Etc., et al., Defendants, Appellees. High Voltage Engineering Corporation, Defendant, Appellant. HYDE PARK PARTNERS, L.P., et al., Plaintiffs, Appellees, v. Michael J. CONNOLLY, Etc., et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided February 4, 1988.

Attorney(s) appearing for the Case

Thomas J. Dougherty with whom George J. Skelly and Skadden, Arps, Slate, Meagher & Flom, Boston, Mass., were on brief, for defendant, appellant High Voltage Engineering Corp.

Carl Valvo, Asst. Atty. Gen., with whom James M. Shannon, Atty. Gen., and Rosanna Cavallaro, Asst. Atty. Gen., Boston, Mass., were on brief, for state defendants, appellants.

John J. Curtin, Jr., with whom Steven W. Hansen, Randal A. Farrar, Bingham, Dana & Gould, Boston, Mass., Robert E. Juceam, John A. Borek, Fried, Frank, Harris, Shriver & Jacobson, New York City, were on brief, for plaintiffs, appellees.

Before COFFIN, BOWNES and BREYER, Circuit Judges.

COFFIN, Circuit Judge.

This case concerns the constitutionality of section 3 of the Massachusetts Take-Over Bid Regulation Act, Mass.Gen.L. ch. 110C (1986), and the efforts of plaintiffs-appellees Hyde Park Partners, L.P. and Hyde Park Holdings, Inc. (collectively "Hyde Park") to gain control of defendant-appellant High Voltage Engineering Corporation ("High Voltage").

Section 3 of the statute provides that prospective...

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