GAMPEL v. BURLINGTON INDS.


43 Misc.2d 846 (1964)

Abraham Gampel, Individually and as a Debenture Holder of Burlington Industries, Inc., Suing on Behalf of Himself and All Other Debenture Holders Similarly Situated, Plaintiff, v. Burlington Industries, Inc., Defendant.

Supreme Court, Special Term, New York County.

May 29, 1964


Attorney(s) appearing for the Case

Lowenstein, Pitcher, Hotchkiss & Parr (Robert S. Newman of counsel), for defendant. Saxe, Bacon & O'Shea and Foley & Hickey for plaintiff.


HYMAN KORN, J.

Defendant moves for summary judgment. Plaintiff is a holder of debenture bonds. They require that notice of redemption be published once a week for two successive weeks "in one or more newspapers printed in the English language, customarily published on each business day, and of general circulation in the Borough of Manhattan, City of New York." The indenture contains similar provision...

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