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CITY INVESTING CO. v. SIMCOX

No. 79-1896.

633 F.2d 56 (1980)

CITY INVESTING COMPANY and GDV, Inc., Plaintiffs-Appellants, v. EDWIN J. SIMCOX, Secretary of the State of Indiana, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 17, 1980.

As Amended October 22, 1980.

Attorney(s) appearing for the Case

Jerold S. Solovy, Jenner & Block, Chicago, Ill., for plaintiffs-appellants.

Ronald J. Semler, Asst. Atty. Gen., Indianapolis, Ind., John W. Castles, III, Lord, Day & Lord, New York City, for defendants-appellees.

Before SPRECHER and CUDAHY, Circuit Judges, and DUMBAULD, Senior District Judge.

CUDAHY, Circuit Judge.

Plaintiffs-appellants City Investing Co. ("City") and GDV, Inc. ("GDV") brought this action in federal district court seeking, inter alia, to have the Indiana Takeover Offers Act, Ind. Code § 23-2-3.1-1 et seq. (Cum.Supp.1980) (the "Takeover Act" or the "Act"), declared unconstitutional under the supremacy and commerce clauses of the United States Constitution and the Securities Exchange Act of 1934, 15 U.S.C. § 78a ...

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