MACK v. MISHKIN


172 F.Supp. 885 (1959)

Howard MACK, Harry P. Wurman and Howard S. Cullman, individually and as members of the Bayuk Stockholders Protective Committee, Plaintiffs, v. E. Archie MISHKIN, Morris L. Wurman and A. Arthur Miller, individually and as proxies on behalf of the present management of Bayuk Cigars, Incorporated and Bayuk Cigars, Incorporated, Defendants.

United States District Court S. D. New York.

May 5, 1959.


Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Harrison, and Hays, Sklar & Herzberg, New York City, for plaintiffs.

Milton Pollack, New York City, for defendants.


CASHIN, District Judge.

This is a motion by plaintiffs, a dissident stockholders' group, for an order enjoining defendants, the entrenched management group, from continuing the use of allegedly false and misleading proxy solicitation material, and from using any proxies obtained after the allegedly false and misleading solicitation material was transmitted. The order sought would also adjourn the annual stockholders' meeting...

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