Legal Opinion
Kennecott Corp. v. Smith
Court of Appeals for the Third Circuit
Decided December 17, 1980No. 80-2696PublishedCited by 123 opinions
1Opinion of the Court
OPINION OF THE COURT
ADAMS, Circuit Judge.
This appeal from a denial of a motion for a preliminary injunction in a hotly contested tender offer battle presents the important question whether the New Jersey takeover law is preempted by the Williams Act, 15 U.S.C. § 78m(d)-(e), 78n(d)-(f), and SEC Rule 14d-2(b) promulgated thereunder. The issue of federal court deference to state proceedings under the doctrines of Pullman and Younger abstention is also a factor in this appeal. We hold that we are not precluded by these abstention doctrines from granting relief, and that the district court erred…
2Cases cited28 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
- Hagans v. LavineSupreme Court of the United States · 1974
- Hines v. DavidowitzSupreme Court of the United States · 1941
23 more not listed; retrieve them via the Exa API.
3Cited by123 opinions
- Dennis v. HigginsSupreme Court of the United States · 1991
- Apple Computer, Inc., a California Corporation v. Franklin Computer Corporation, a Pennsylvania CorporationCourt of Appeals for the Third Circuit · 1983
- Kershner v. MazurkiewiczCourt of Appeals for the Third Circuit · 1982
- United States v. PriceCourt of Appeals for the Third Circuit · 1982
- Blue Sky L. Rep. P 71,762, Fed. Sec. L. Rep. P 98,822 Martin-Marietta Corporation v. Bendix Corporation, United Technologies v. Bendix CorporationCourt of Appeals for the Sixth Circuit · 1982
118 more not listed; retrieve them via the Exa API.