Legal Opinion
Berman v. Gerber Products Co.
District Court, W.D. Michigan
Decided July 19, 1978No. Civ. A. G77-402, G77-404, G77-440 and G77-489PublishedCited by 32 opinions
1Opinion of the Court
OPINION
FOX, Chief Judge.
These actions arise as a result of Gerber Products Company’s opposition to a proposed cash tender offer by Anderson, Clayton & Co. Plaintiffs here are stockholders of Gerber. They allege that Gerber’s efforts to halt the tender offer violated section 14(e) of the Securities Exchange Act of 1934, 15 U.S.C. § 78n(e), (the ’34 Act) as well as common law principles of fiduciary duty and various state statutes. They seek damages in excess of $100 million.
On April 18, 1977, Anderson, Clayton publicly announced its intention to purchase through a cash tender offer any and all…
2Cases cited42 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- TSC Industries, Inc. v. Northway, Inc.Supreme Court of the United States · 1976
- Burton v. Wilmington Parking AuthoritySupreme Court of the United States · 1961
- Affiliated Ute Citizens of Utah v. United StatesSupreme Court of the United States · 1972
- Santa Fe Industries, Inc. v. GreenSupreme Court of the United States · 1977
37 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Basic Inc. v. LevinsonSupreme Court of the United States · 1988
- Ruth Panter v. Marshall Field & Co., Richard Weiss v. Marshall Field & Co.Court of Appeals for the Seventh Circuit · 1981
- Staffin v. GreenbergCourt of Appeals for the Third Circuit · 1982
- Hartford Fire Insurance v. Federated Department Stores, Inc.District Court, S.D. New York · 1989
- Estate of Detwiler v. OffenbecherDistrict Court, S.D. New York · 1989
27 more not listed; retrieve them via the Exa API.