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SEGAL v. BRESNICK

30 Misc.2d 569 (1952)

Louis Segal et al., Plaintiffs, v. Carl S. Bresnick et al., Defendants.

Supreme Court, Special Term, New York County.

April 17, 1952

Attorney(s) appearing for the Case

Klein, Wikler & Gottlieb for plaintiffs. Rosston, Hort & Brussel for defendants.

BENJAMIN J. RABIN, J.

Plaintiffs (sometimes referred to herein as "management"), seek to enjoin, pending trial, the use of proxies which they claim were obtained by defendants (the "opposition"), through fraud. The claimed fraud is that in a pre-election proxy fight for control of the corporation, the opposition secured many proxies from stockholders by means of false, misleading and incomplete statements,...

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