Fed. Sec. L. Rep. P 97,687 McDermott Incorporated v. Wheelabrator-Frye, Inc., Pullman Incorporated

FAIRCHILD and SWYGERT, Circuit Judges.

Defendant-appellant, WheelabratorFrye, Inc. (“Wheelabrator”), and plaintiffappellee, McDermott, Inc. (“McDermott”), are engaged in rival tender offers for ownership and control of Pullman Incorporated (“Pullman”). All three are large, highly diversified corporations. Late in the afternoon of September 19, 1980, McDermott moved in the district court for a temporary restraining order alleging that Wheelabrator had violated certain provisions of the Williams Act, 15 U.S.C. §§ 78m(d)-(e), 78n(d)-(f), and regulations promulgated thereunder, 17 C.F.R. §§…