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HOWING CO. v. NATIONWIDE CORP.

No. 89-4084.

927 F.2d 263 (1991)

HOWING COMPANY, Douglas McLellan, Plaintiffs-Appellants, v. NATIONWIDE CORPORATION, Nationwide Mutual Insurance Company, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 6, 1991.

Attorney(s) appearing for the Case

William R. Jacobs (argued), Strauss & Troy, Cincinnati, Ohio, for plaintiffs-appellants.

Frederick J. McGavran, Frost & Jacobs, Cincinnati, Ohio, Jeffrey S. Davidson (argued), Kirkland & Ellis, Los Angeles, Cal., for defendants-appellees.

Before MERRITT, Chief Judge; GUY, Circuit Judge; BROWN, Senior Circuit Judge.

MERRITT, Chief Judge.

In this securities action by minority public shareholders arising from a freeze-out merger of a subsidiary, Nationwide Corporation, with its parent, Nationwide Mutual, which at the time of the merger owned approximately 85% of the shares of the subsidiary, we previously reversed the District Court's dismissal of plaintiffs' claims under SEC Rule 13e-3, governing going-private transactions or freeze-out mergers; and we then remanded the case to...

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