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MATTER OF SILVERMAN (HOE & CO.)

305 N.Y. 13 (1953)

In the Matter of Samuel Silverman et al., Appellants. R. Hoe & Co., Inc., Respondent.

Court of Appeals of the State of New York.

Decided January 15, 1953

Attorney(s) appearing for the Case

Bernard S. Kanton, George C. Baron and Frederick Doppelt for appellant.

Neil P. Cullom and Stanford Schewel for respondent.

LOUGHRAN, Ch. J., LEWIS, DESMOND and FULD, JJ., concur with DYE, J.; FROESSEL, J., dissents in opinion in which CONWAY, J., concurs.

DYE, J.

Being dissatisfied with the terms and conditions of a plan of merger with a subsidiary and recapitalization offered by the respondent, R. Hoe & Co., Inc., hereinafter called the Corporation, the petitioners and other stockholders owning 66,547 shares of the authorized 160,000 shares of the corporation and representing approximately 42% of the total common shares outstanding, dissented therefrom. When...

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