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MALKAN v. GEN. TRANSISTOR CORP.

27 Misc.2d 275 (1960)

Arnold Malkan, as a Stockholder of General Transistor Corp., Suing on Behalf of Himself and All Other Stockholders of Said Corporation and for the Benefit and in the Right of Said Corporation, Plaintiff, v. General Transistor Corp. et al., Defendants.

Supreme Court, Special Term, Queens County.

November 14, 1960

Attorney(s) appearing for the Case

Alvin L. Korngold for plaintiff. Cleary, Gottlieb, Steen & Hamilton (George Weisz of counsel), for General Instrument Corp., defendant. Delson, Levin & Gordon (Norman Moloshok and Roger W. Wilkins of counsel), for Herman Fialkov and others, defendants.

SAMUEL RABIN, J.

This stockholder's derivative action in the right and for the benefit of General Transistor Corp. (hereinafter called GTC) was commenced on August 23, 1960. On August 30, 1960 its merger with General Instrument Corp. (hereinafter called GIC) was approved at a meeting of its stockholders. GIC, as successor to GTC, has now made two motions (1) "for an order, amending the caption of the within...

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