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  5. 26 A.D.2d 491 (1966)
 

HAMMER v. SCHELKER

26 A.D.2d 491 (1966)

Samuel Hammer et al., Appellants, v. Walter G. Schelker, Respondent. Walter G. Schelker, Defendant and Interpleading Plaintiff-Respondent, v. Grant Cole Enterprises, Inc., Interpleaded Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 20, 1966.

Attorney(s) appearing for the Case

Robert MacCrate of counsel (Jacob Lippman, Martin Bressler, John L. Warden and Thomas E. Patton with him on the brief; Sullivan & Cromwell and Charles Gadd, attorneys; Milton Gould of counsel), for appellants.

Harry Salvan for interpleaded defendant-respondent.

BREITEL, McNALLY and STEUER, JJ., concur in Per Curiam opinion; STEVENS, J., dissents in opinion, in which BOTEIN, P. J., concurs.

Per Curiam.

Plaintiffs at one time were the owners of all the stock of United Metal Cabinet Corporation (herein United). In December, 1960 they sold 726 shares, 15% of the issued stock, pursuant to a written agreement. Defendant Grant Cole Enterprises, Inc., is now the owner of this block of stock. By the terms of the 1960 sale agreement plaintiffs were given the right to sell all of the stock of United, including...

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