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VIRGINIA BANKSHARES, INC. v. SANDBERG

No. 89-1448.

501 U.S. 1083 (1991)

VIRGINIA BANKSHARES, INC., ET AL. v. SANDBERG ET AL.

Supreme Court of the United States.

Decided June 27, 1991.

Attorney(s) appearing for the Case

Stephen M. Shapiro argued the cause for petitioners. With him on the briefs were Andrew L. Frey, Kenneth S. Geller, John S. Stump, and Lewis T. Booker.

Joseph M. Hassett argued the cause for respondents. With him on the brief were John C. Keeney, Jr., and George H. Mernick III.

Michael R. Dreeben argued the cause for the Securities and Exchange Commission et al. as amici curiae urging affirmance. With him on the brief were Acting Solicitor General Bryson, Deputy Solicitor General Shapiro, James R. Doty, Paul Gonson, Jacob H. Stillman, Joseph A. Franco, Alfred J. T. Byrne, and Colleen B. Bombardier.*

JUSTICE SOUTER delivered the opinion of the Court.

Section 14(a) of the Securities Exchange Act of 1934, 48 Stat. 895, 15 U. S. C. § 78n(a), authorizes the Securities and Exchange Commission (SEC) to adopt rules for the solicitation of proxies, and prohibits their violation.1 In J. I. Case Co. v. Borak, 377 U.S. 426 (1964), we first recognized an

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