(DOWNLOAD) "Martin-Marietta Corp. V. Bendix Corp." by United States Court Of Appeals For The Sixth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Martin-Marietta Corp. V. Bendix Corp.
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 22, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
Appellants Martin-Marietta and United Technologies appeal a decision of the District Court refusing their request for a preliminary injunction against the enforcement of the anti-fraud provisions of the Michigan Take-Over Offers Act, Mich. Comp. Laws Ann. §§ 451.901-917, and the Michigan Uniform Securities Act, Mich. Comp. Laws Ann. §§ 451.501-818, on the grounds that the issuance of an injunction is prohibited by the Anti-Injunction Act, 28 U.S.C. § 2283, and the abstention doctrines, and because appellants have not satisfied the prerequisites for the issuance of a preliminary injunction. Appellants had alleged in their actions for declaratory and injunctive relief that the entire Take-Over Offers Act and, more particularly, the anti-fraud and enforcement provisions of both the Take-Over Offers Act, id., §§ 451.910,.914,.917, and the Uniform Securities Act, id., §§ 451.501,.808, violated the Commerce and Supremacy Clauses of the United States Constitution in that they regulated interstate take-overs, conflicted with the Williams Act, 15 U.S.C. §§ 78m (d)-(e), 78n(d)-(f), and imposed a burden on interstate commerce that was excessive in light of the local interests purportedly protected by the provisions. 42 U.S.C. § 1983, 28 U.S.C. §§ 1331, 1337, 1343, 2201.