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MATTER OF LEWIS v. GKB CO.

34 Misc.2d 180 (1962)

In the Matter of Nathan Lewis et al., Petitioners, v. GKB Co., Inc. (formerly G. Krueger Brewing Company), Respondent. In the Matter of Woodbank Mills, Inc., et al., Petitioners, v. United Industrial Syndicate, Inc., Respondent. In the Matter of Norte & Co., et al., Petitioners, v. United Industrial Syndicate, Inc., Respondent.

Supreme Court, Special Term, New York County.

April 4, 1962

Attorney(s) appearing for the Case

Louis Kipnis for Nathan Lewis and others, petitioners. Townley, Updike, Carter & Rodgers (William P. Hindman, Jr., of counsel), for Woodbank Mills, Inc., and others, petitioners. Cleary, Gottlieb & Steen (George Weisz of counsel), for Norte & Co. and others, petitioners. Javits, Trubin, Sillcocks, Edelman & Purcell (Robert S. Warshaw and Edward A. Manuel of counsel), for United Industrial Syndicate, Inc., respondent.

IRVING H. SAYPOL, J.

Some of the dissenting stockholders of GKB Co., Inc., have brought on three separate applications for appraisal. Motions numbers 64, 65 and 67 of March 29, 1962 are consolidated. United Industrial Syndicate, Inc., has effected a merger pursuant to section 85 of the Stock Corporation Law commonly referred to as the "short merger" statute. It held 97.3% of the outstanding stock of GKB. Respondent argues that the provisions of section...

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