Legal Opinion
Howing Co. v. Nationwide Corporation
Court of Appeals for the Sixth Circuit
Decided September 24, 1987No. 85-3929PublishedCited by 11 opinions
1Opinion of the Court
MERRITT, Circuit Judge.
Under § 13(e) of the Securities Exchange Act of 1934, a Williams Act provision enacted in 1968, a company that has issued publicly traded stock is prohibited from buying it back unless the issuer complies with rules promulgated by the SEC.1 This appeal raises issues concerning the existence of a private right of action under § 13e-3, the nature of the disclosure duty imposed by Rule 13e-3,2 and the interrelationship of this provision with other antifraud rules.
Pursuant to its authority under § 13e-3, the SEC has issued Rule 13e-3 and Schedule 13e-3, a long and detailed…
2Cases cited17 opinions
- Cort v. AshSupreme Court of the United States · 1975
- Cannon v. University of ChicagoSupreme Court of the United States · 1979
- TSC Industries, Inc. v. Northway, Inc.Supreme Court of the United States · 1976
- Lorillard v. PonsSupreme Court of the United States · 1978
- J. I. Case Co. v. BorakSupreme Court of the United States · 1964
12 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Dowling v. Narragansett Capital Corp.District Court, D. Rhode Island · 1990
- Howing Company Douglas McLellan v. Nationwide Corporation Nationwide Mutual Insurance CompanyCourt of Appeals for the Sixth Circuit · 1992
- Sinay v. Lamson & Sessions Co.District Court, N.D. Ohio · 1990
- Howing Company, Douglas McLellan v. Nationwide Corporation, Nationwide Mutual Insurance CompanyCourt of Appeals for the Sixth Circuit · 1991
- Kahn v. Lynden Inc.District Court, W.D. Washington · 1989
6 more not listed; retrieve them via the Exa API.