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GLOBE SLICING MACHINE CO. v. HASNER

No. 450, Docket 28682.

333 F.2d 413 (1964)

GLOBE SLICING MACHINE CO., Inc., and Lewis Novoting, Plaintiffs-Appellants, v. Rolf K. HASNER, Defendant-Appellee, and Astrid Sivertsen, Defendant.

United States Court of Appeals Second Circuit.

Decided June 15, 1964.

Attorney(s) appearing for the Case

Edward N. Costikyan, New York City (Arthur L. Liman, Roger Goldberg, Paul Weiss, Rifkind, Wharton & Garrison, New York City, on the brief), for plaintiffs-appellants.

Richard Hawkins, New York City (Rogers Doering, Simpson, Thacher & Bartlett, New York City, on the brief), for defendant-appellee.

Before LUMBARD, Chief Judge, and MOORE and SMITH, Circuit Judges.

LUMBARD, Chief Judge.

The question for decision in this diversity case is whether under the laws of New York the by-laws of Globe Slicing Machine Company prohibiting the "sale or disposition" of shares of its capital stock without first giving the corporation or its other stockholders an opportunity to purchase are applicable to transfers consequent on the death of a stockholder and effected pursuant to the stockholder's will.

Judge Murphy, in dismissing plaintiffs...

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