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NEWMAN v. UNITED PROFIT-SHARING CORP.

14 Misc.2d 192 (1958)

Marvin S. Newman et al., for Themselves and for the Benefit and in Behalf of All Preferred Stockholders of United Profit-Sharing Corporation Who May Wish to Join Herein, Plaintiffs, v. United Profit-Sharing Corporation et al., Defendants.

Supreme Court, Special Term, New York County.

September 9, 1958.

Attorney(s) appearing for the Case

Nathan, Mannheimer, Asche, Winer & Friedman for plaintiffs.

Pomerantz, Levy & Haudek (Julian J. Linde of counsel), for defendants.

HENRY EPSTEIN, J.

This motion for a temporary injunction is denied. Defendant United is a Delaware corporation with 19,621 shares of preferred stock and 336,984 shares of common stock outstanding. Some 14,621 shares of the preferred are held by the public, of which plaintiff holds 150 shares, purchased in June, 1958 after the public had been notified by press statements and a proposal to be passed on by the Securities Exchange Commission also publicly...

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