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BATTISTA v. CARLO

57 Misc.2d 495 (1968)

Peter L. Battista, Plaintiff, v. John J. Carlo et al., Defendants.

Supreme Court, Erie County.

June 21, 1968

Attorney(s) appearing for the Case

Hodgson, Russ, Andrews, Woods & Goodyear (R. William Larson of counsel), for plaintiff. Phillips, Lytle, Hitchcock, Blaine & Huber (Robert M. Hitchcock of counsel), for John J. Carlo and another, defendants. Jaeckle, Fleischmann, Kelly, Swart & Augspurger (Manly Fleischmann and William D. Schulz of counsel), for Charles E. Fadale and others, defendants. Falk, Twelvetrees, Johnston & Stiemer (Alvin M. Glick of counsel), for Dorothy M. Reed, defendant.

FRANK J. KRONENBERG, J.

This is an action by Peter L. Battista, plaintiff, one of several members of a partnership known as Northville Downs.

The partnership operates a race track at Northville, Michigan. Northville Downs has been in operation since 1944 and the defendant, John J. Carlo, has been its manager.

Plaintiff seeks an injunction against the sale of a portion of an interest in the partnership. The partnership interests were divided...

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