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SUBIN v. GOLDSMITH

No. 198, Docket No. 23348.

224 F.2d 753 (1955)

David L. SUBIN, Plaintiff-Appellant, v. A. Philip GOLDSMITH, Abraham Feinberg, Benjamin Hinerfeld, F. Stafford Cleary, J. A. C. Mueller, T. H. Mueller, J. J. Murphy, William B. Terry, G. H. Carr and Julius Kayser & Co., a New York Corporation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 3, 1955.

Attorney(s) appearing for the Case

Hays, St. John, Abrahamson & Schulman, New York City (Osmond K. Fraenkel, Seymour M. Heilbron, New York City, David W. Niesenbaum, Philadelphia, Pa., and Irwin Karp, New York City, of counsel), for plaintiff-appellant.

Ferris, Adams & Creidy, New York City, for appellee Goldsmith.

Gainsburg, Gottlieb, Levitan & Cole, New York City, for appellees, Feinberg and Hinerfeld.

Parker, Chapin & Flattau, New York City, for appellees, Mueller et al.

Alvin McK. Sylvester, Samuel Gottlieb, George A. Ferris and Joseph Levy, New York City (of counsel).

Before FRANK and MEDINA, Circuit Judges, and BRENNAN, District Judge.

FRANK, Circuit Judge.

Plaintiff, a stockholder of defendant Julius Kayser & Co., filed a complaint on August 12, 1954, seeking an injunction against that company and the individual defendants who are its directors, from holding a stockholders' meeting to be held on August 20, 1952, to approve a contract for the purchase by Kayser of most of the assets of Diamond Hosiery Corp. Plaintiff moved for a preliminary injunction; the judge denied the motion. The stockholders...

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