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LERNER v. LERNER

No. 133, September Term, 1985.

306 Md. 771 (1986)

511 A.2d 501

THEODORE N. LERNER ET AL. v. LAWRENCE E. LERNER.

Court of Appeals of Maryland.

July 15, 1986.

Attorney(s) appearing for the Case

Jacob A. Stein (Stein, Mitchell & Mezines, Washington, D.C., James L. Thompson, Miller, Miller & Canby, Albert D. Brault, Brault. Graham, Scott & Brault, William J. Rowan III, Rowan, Abell, Quirk & Quinn, Rockville, of counsel and Arent, Fox, Kintner, Plotkin & Kahn, Washington, D.C., on brief), for appellant.

Arnold M. Weiner (Price O. Gielen, Ethan L. Bauman, Neile S. Friedman and Melnicove, Kaufman, Weiner & Smouse, P.A., on brief, Baltimore and James J. Cromwell, Beckett, Cromwell & Myers, on brief, Bethesda), for appellee.

Argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, RODOWSKY, COUCH and McAULIFFE, JJ.

RODOWSKY, Judge.

This appeal is from an order enjoining, pending decision on the merits, a reverse stock split by which the holder of 73.68% of the outstanding stock in a Maryland ordinary business corporation proposes to cash out the 26.32% interest of the other stockholder. We shall affirm for reasons having more to do with the law of preliminary injunctions than with the law of minority freezeouts.

Lerner Corporation (the Company) is owned by two brothers...

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