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LIEFERANT v. BARTELL

36 Misc.2d 477 (1962)

Henry Lieferant et al., Plaintiffs, v. Gerald A. Bartell et al., Defendants.

Supreme Court, Special and Trial Term, New York County.

August 15, 1962

Attorney(s) appearing for the Case

Gainsburg, Gottlieb, Levitan & Cole (Samuel Gottlieb of counsel), for Henry Lieferant and others, plaintiffs. Sidney L. Garwin for Charles Heit, plaintiff. Liebman, Eulau & Robinson and Migdal, Low & Tenney (Walter H. Liebman, Julian S. Perlman, Herbert Robinson, Warren Tenney and Lester Rubin of counsel), for James D. Williams, plaintiff. Martin Horwitz for Mae Catchpole, plaintiff. Joseph E. McMahon for Gerald A. Bartell and others, defendants. Buchwald, Nadel & Lippman for Frederick A. Klein, defendant. Delson, Levin & Gordon for Macfadden Publications, Inc., defendant. Kissam & Halpin (James H. Halpin and Edmond K. Leach of counsel), for Macfadden-Bartell Corporation, defendant.

WILLIAM C. HECHT, JR., J.

Stockholders of Macfadden Publications Inc. ("Macfadden") sued to enjoin its merger with Bartell Broadcasting Corporation ("Broadcasting"). Special Term denied motions for injunctions pendente lite (Williams v. Bartell, 34 Misc.2d 552), and the merger was therefore consummated under Delaware law, the merged corporation taking the...

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