Hartmarx Corporation v. A. Robert Abboud, Spencer Hays, Tom James Company

DIANE P. WOOD, Circuit Judge.

This case concerns an abortive effort by one group of investors, collectively known as the Lincoln Company, to acquire Hart-marx Corporation (Hartmarx). Shortly after Lincoln publicly announced its inten tion to pursue an acquisition, Hartmarx filed suit, claiming that Lincoln had violated § 14(e) of the Securities Exchange Act of 1934, 15 U.S.C. § 78n(e), by failing to commence its anticipated tender offer within a reasonable period of time and by making false and misleading statements concerning their financing for the proposed deal. Ugly litigation ensued, with…