CUMMINGS v. UNITED ARTISTS

[No. 1, September Term, 1964.]

237 Md. 1 (1964)

204 A.2d 795

CUMMINGS, ET AL. v. UNITED ARTISTS THEATRE CIRCUIT, INC., ET AL.

Court of Appeals of Maryland.

Decided November 25, 1964.


Attorney(s) appearing for the Case

Stephen P. Duggan, Jr., with whom were Simpson, Thacher & Bartlett, Richard Hawkins, Kenneth J. Kwit; Skadden, Arps, Meagher, Slate & Flom, Leslie H. Arps, Joseph H. Flom and Geoffrey M. Kalmus; and Piper & Marbury, J. Martin McDonough and Lewis A. Noonberg, on the brief, for the appellants.

Abreham L. Pomerantz, with whom were Pomerantz, Levy, Haudek & Block, Julius Levy; Weisman, Celler, Allan, Spett & Sheinberg, Milton C. Weisman and Adolph S. Kaufman; Frisch and Goldfluss, A.H. Frisch, on the brief; and Herbert M. Brune, with whom were Brune, Robertson & Iglehart and Harrison M. Robertson, Jr., on the brief, for the appellees.

The cause was argued before HENDERSON, C.J., and HAMMOND, PRESCOTT, HORNEY, MARBURY and SYBERT, JJ., and McLAUGHLIN, J., Chief Judge of the Fourth Judicial Circuit, specially assigned.


SYBERT, J., delivered the opinion of the Court. HORNEY, J., and McLAUGHLIN, J., specially assigned, dissent. Dissenting opinion by HORNEY, J., at page 27, infra, in which McLAUGHLIN, J., concurs.

This is an appeal by Maxwell Cummings and other complainants below from two decrees of the Circuit Court of Baltimore City (Oppenheimer, J.), entered in two equity actions, each denying an injunction to restrain consummation of an "Agreement and Plan of Reorganization...

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