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CANADIAN PAC. ENTERPRISES (U.S.) INC. v. KROUSE

No. C-2-80-1056.

506 F.Supp. 1192 (1981)

CANADIAN PACIFIC ENTERPRISES (U.S.) INC. et al., Plaintiffs, v. Kenneth E. KROUSE, Commissioner of the Ohio Division of Securities, Defendant.

United States District Court, S. D. Ohio, E. D.

January 16, 1981.

Attorney(s) appearing for the Case

John J. Chester, Chester, Saxbe, Hoffman & Willcox, Roderick H. Willcox, Donald A. Antrim, Smith & Schnacke, Columbus, Ohio, for plaintiffs.

William J. Brown, Atty. Gen. of Ohio, Roger P. Sugarman, Asst. Atty. Gen., trial counsel, Columbus, Ohio, for defendant Krouse.

John C. Elam, Vorys, Sater, Seymour & Pease, Columbus, Ohio (William H. Wallace and James T. Crowley, Thompson, Hine & Flory, Cleveland, Ohio, Morgan Shipman, Vorys, Sater, Seymour & Pease, Columbus, Ohio, of counsel), for defendant Hobart.

THE Securities and Exchange Commission, amicus curiae; Paul Gonson, Solicitor, James R. Farrand, Asst. Gen. Counsel, James J. Junewicz, Sp. Counsel, Securities and Exchange Commission, Washington, D. C., on brief.

OPINION AND ORDER

KINNEARY, District Judge.

Plaintiffs Canadian Pacific Enterprises (U.S.) Inc. and its wholly owned subsidiary CPE Acquisition Co. [collectively referred to herein as CPE] brought this action pursuant to 28 U.S.C. Sections 1331(a), 1343(3), and 2201 for a declaratory judgment and injunctive relief. Plaintiffs assert that Ohio Revised Code Section 1707.041(B)(1)— the provision of the Ohio takeover statute that requires public announcement...

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