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ELECTRONIC SPECIALTY CO. v. INTERNATIONAL CONTROLS CORP.

Nos. 372-374, 379, Dockets 33073-33075, 33105.

409 F.2d 937 (1969)

ELECTRONIC SPECIALTY CO., William H. Burgess and John B. Fitzpatrick, Plaintiffs-Appellants-Appellees, v. INTERNATIONAL CONTROLS CORP., Defendant-Appellant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 24, 1969.

Attorney(s) appearing for the Case

David R. Hyde, New York City (Cahill, Gordon, Sonnett, Reindel & Ohl, New York City, Hogan & Hartson, Washington, D. C., Robert M. Jeffers, Washington, D. C., of counsel), for defendant-appellant-appellee.

Jay G. Strum, New York City (Kaye, Scholer, Fierman, Hays & Handler, New York City, Milton Kunen, New York City, and Allan M. Pepper, New York City, of counsel), for plaintiffs-appellants-appellees.

Before MOORE, FRIENDLY and FEINBERG, Circuit Judges.

FRIENDLY, Circuit Judge:

This the first case in which we or, so far as we are aware, any court of appeals has had to consider the amendment adding to § 14 of the Securities Exchange Act new subsections (d), (e) and (f) dealing with tender offers. Public Law 90-439, § 3, 82 Stat. 455 (1968). The amendment, which should be read in conjunction with the concurrent addition of § 13(d) and (e), proceeds along two general lines. The first is embodied in &...

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