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HOTTENSTEIN v. YORK ICE MACHINERY CORPORATION

No. 8097.

146 F.2d 835 (1944)

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

Circuit Court of Appeals, Third Circuit.

Decided December 29, 1944.

Attorney(s) appearing for the Case

Seymour M. Heilbron, of New York City (William H. Foulk, of Wilmington, Del., and Arthur Garfield Hays and Alan S. Hays, both of New York City, on the brief), for plaintiffs.

Aaron Finger, of Wilmington, Del., for defendant.

George D. Hornstein, of New York City, amicus curiæ.

Before BIGGS, JONES and GOODRICH, Circuit Judges.

BIGGS, Circuit Judge.

The petitioner asks leave of this court to file a complaint in the nature of a bill of review in the District Court of the United States for the District of Delaware. The petitioner owns shares of the 7% cumulative preferred stock of York Ice Machinery Corporation. He brought a suit in the District Court of the United States for the District of Delaware seeking to enjoin a merger of York Ice Machinery Corporation with a wholly owned and inactive...

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