ON REHEARING IN BANC MESKILL, Circuit Judge, joined by CARDAMONE, PRATT, MINER and ALTIMARI, Circuit Judges: In this rehearing in banc, we consider for the first time the validity of Rule 14e-3(a), 17 C.F.R. § 240 .14e-3(a), which was promulgated by the Securities and Exchange Commission (SEC) under section 14(e) of the 1934 Act, 15 U.S.C. § 78n(e…
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