GILBERT v. BURNSIDE


13 A.D.2d 982 (1961)

Samuel Gilbert et al., as Stockholders of Glen Alden Corporation, Suing on Behalf of Themselves and All Other Stockholders of Said Corporation, and for the Benefit of and in the Right of said Glen Alden Corporation, Respondents, v. Frank Burnside et al., Defendants, and Francis O. Case et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 12, 1961


Judgment, insofar as appealed from by the said defendants, reversed on the law and the facts, with costs, and the complaint as to them dismissed, with costs. Findings of fact contained in the Special Term's opinion (Gilbert v. Burnside, 197 N.Y.S.2d 623), which are inconsistent herewith, are reversed, and new findings of fact are made as indicated herein. Appeal from order dismissed as academic, without costs.

On March 20, 1958, a reorganization agreement was...

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