Legal Opinion
Great Western United Corp. v. Kidwell
District Court, N.D. Texas
Decided September 2, 1977No. Civ. A. CA-3-77-0405-DPublishedCited by 10 opinions
1Opinion of the Court
MEMORANDUM OPINION
ROBERT M. HILL, District Judge.
In this case plaintiff challenges the constitutionality of the statutes of the states of Idaho, New York and Maryland which seek to regulate tender offers when the subject of the tender (called the target company) has one of various nexus with the states. These are commonly called “takeover” statutes. Plaintiff contends the takeover statutes are preempted by the Williams Act, the federal statute which controls tender offers, and are also violative of the Commerce Clause of the United States Constitution. For the reasons set forth below, the…
2Cases cited30 opinions
- International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
- Ex Parte YoungSupreme Court of the United States · 1908
- Edelman v. JordanSupreme Court of the United States · 1974
- Singleton v. WulffSupreme Court of the United States · 1976
- Association of Data Processing Service Organizations, Inc. v. CampSupreme Court of the United States · 1970
25 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Leroy v. Great Western United Corp.Supreme Court of the United States · 1979
- Kinsey v. NESTOR EXPLORATION LTD.-1981ADistrict Court, E.D. Washington · 1985
- United States v. ValadezUnited States Court of Military Appeals · 1978
- Wylain, Inc. v. TRE Corp.Court of Chancery of Delaware · 1980
- American Motors Sales Corp. v. DIV. OF MOTOR VEHICLES OF COMMONWEALTH OF VIRGINIADistrict Court, E.D. Virginia · 1978
5 more not listed; retrieve them via the Exa API.