HOTTENSTEIN v. YORK ICE MACHINERY CORPORATION

Civil Action No. 205.

45 F.Supp. 436 (1942)

HOTTENSTEIN et al. (MOORE et al., Interveners) v. YORK ICE MACHINERY CORPORATION.

District Court, D. Delaware.

June 8, 1942.


Attorney(s) appearing for the Case

John Schulman, Seymour Heilbron, and David Getz, all of New York City, and William H. Foulk, of Wilmington, Del., for plaintiffs.

Caleb R. Layton, III, of Wilmington, Del., and Richard J. Mackey, of New York City, for R. Thomas Moore, intervenor.

Herbert LeRoy Cohen, of Wilmington, Del., for Sidney Lewald, intervenor.

Harold B. Howard, of Wilmington, Del., for Joseph W. Jones, intervenor.

William S. Potter, of Wilmington, Del., for Janet Levy, intervenor.

Harold Duane, of Wilmington, Del., for Lola A. Sweet.

George S. Munson, of Philadelphia, Pa., and Robert H. Richards and Aaron Finger, both of Wilmington, Del., for defendant.


WATSON, District Judge.

This suit was brought to prevent the merger of the defendant with the York Corporation and for injunctive relief.

The defendant was organized under the laws of Delaware in 1927, and its outstanding stock consists of approximately 53,000 shares of preferred stock and 161,000 shares of common stock. In January of 1941 a plan was proposed to merge the defendant and its wholly owned inactive subsidiary, York Corporation. York Corporation...

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