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MAI BASIC FOUR, INC. v. PRIME COMPUTER, INC.

Nos. 89-1149, 89-1150.

871 F.2d 212 (1989)

MAI BASIC FOUR, INC., and Choice Corporation, Plaintiffs, Appellants, v. PRIME COMPUTER, INC., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 29, 1989.

Attorney(s) appearing for the Case

William McGuinness, New York City, with whom Gary R. Greenberg, Mark A. Berthiaume, Goldstein & Manello, Boston, Mass., and Fried, Frank, Harris, Shriver & Jacobson, New York City, were on brief, for plaintiffs, appellants.

James C. Burling with whom Jeffrey B. Rudman, William G. McElwain, Mark G. Matuschak, Wayne L. Stoner, Boston, Mass., William H. Paine, Brookline, Mass., Hale and Dorr, Boston, Mass., and Wachtel, Lipton, Rosen & Katz were on brief, for defendants, appellees.

Before CAMPBELL, Chief Judge, COFFIN, Senior Circuit Judge, and BOWNES, Circuit Judge.

COFFIN, Senior Circuit Judge.

This expedited appeal arises out of the efforts of a group of companies in the computer industry, MAI Basic Four, Choice Corporation, and Brooke Partners, L.P. (collectively Basic), to take over control of Prime Computer, Inc. (Prime). Although Basic filed the first complaint, attacking Massachusetts anti-takeover statutes in connection with its November 15, 1988, tender offer, the present issues flow from the district court's action...

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