ALCOMA CORP. v. ACKERMAN


26 Misc.2d 678 (1960)

Alcoma Corporation, on Behalf of Itself and All Other Stockholders of Benson Iron Ore Corporation Similarly Situated, Plaintiff, v. David G. Ackerman et al., Defendants.

Supreme Court, Special Term, New York County.

October 5, 1960


Attorney(s) appearing for the Case

Bleakley, Platt, Hart & Fritz (George Q. Slocum and Anthony T. Antinozzi of counsel), for plaintiff. Meyer, Kissel, Matz & Seward (Lester Kissel and James C. Quigley of counsel), for Benson Iron Ore Corp., defendant. Debevoise, Plimpton & McLean (Edward C. McLean and J. Edward Fowler of counsel), for David G. Ackerman and others, defendants.


SAUL S. STREIT, J.

Plaintiff and defendants both move for summary judgment in this action for a declaratory judgment and for injunctive relief.

There is no dispute about the facts. The only questions presented are ones of law.

Defendant corporation's principal asset is real property which has been leased for mining purposes until May 31, 1991. The company's principal activity is the collection and distribution to the stockholders of the...

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