SMALLWOOD v. PEARL BREWING COMPANY

No. 72-2342.

489 F.2d 579 (1974)

Joe L. SMALLWOOD, Plaintiff-Appellant, v. PEARL BREWING COMPANY, Southdown, Inc., Zapata Norness, Inc., Albert J. Range and D. Doyle Mize, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 19, 1974.


Attorney(s) appearing for the Case

John L. Hauer, Robert E. Goodfriend, Dallas, Tex., for plaintiff-appellant.

John C. Held, William C. Harvin, Houston, Tex., J. Burleson Smith, San Antonio, Tex., Stanley McMurry, Dallas, Tex., for defendants-appellees.

Before WISDOM, DYER and INGRAHAM, Circuit Judges.


WISDOM, Circuit Judge:

This appeal raises a variety of difficult questions under the Securities Exchange Act of 1934. Suing individually, as the representative of a class, and derivatively, Joe L. Smallwood, plaintiff-appellant, charged the defendants with a multitude of sins, including violations of the Proxy Rules, the tender offer provisions of the Williams Act, and Rule 10b-5. The defendants demanded a jury trial. After special issues were submitted to the jury...

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