subsequent filing of a Schedule 13D disclosing unequivocal intention to seek control cured any deficiency in earlier filings
How later courts described this case
- subsequent filing of a Schedule 13D disclosing unequivocal intention to seek control cured any deficiency in earlier filings
- “We also see nothing wrong in Care’s efforts to acquire one third of Treadway’s outstanding stock, and thus to obtain a ‘blocking position’.”
- in context of proxy contest, sale of shares to proposed merger partner upheld
- deficiencies in 13D filing cured by subsequent filings
Written by the judges who cited it.
The opinion
FEINBERG, Chief Judge
(dissenting):
I adhere to the views set forth in my dissenting opinion in this case. Accordingly, I dissent from the denial of a rehearing.