MALONEY v. GLOSSER et al.


427 Pa. 548 (1967)

Maloney v. Glosser (et al., Appellant).

Supreme Court of Pennsylvania.

November 14, 1967.


Attorney(s) appearing for the Case

Abraham L. Shapiro, with him Norman C. Henss, S.R. DiFrancesco, Sr., and Cohen, Shapiro, Berger, Polisher and Cohen, and DiFrancesco and DiFrancesco, for appellant.

James Francis O'Malley, with him Yost & O'Malley, for appellees.

Seymour S. Silverstone, for appellees.

Before BELL, C.J., MUSMANNO, JONES, EAGEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. JUSTICE O'BRIEN, November 14, 1967:

This is an action in equity by participants of a profit-sharing trust against Daniel Glosser and Lester D. Edelstein (Trustees), and against William H. Glosser and Samuel H. Cohen, as individuals. An injunction is sought against the trustees, prohibiting them from paying out any funds except on the basis of the schedule felt by plaintiff-appellees to be correct. Furthermore, as incidental to the injunctive relief...

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