LEVIN v. GREAT WESTERN SUGAR COMPANY

No. 17080.

406 F.2d 1112 (1969)

Jane LEVIN, on behalf of herself and all others similarly situated, Appellants and Matilda Burger et al. (Intervenor-Plaintiffs), and Samuel A. Mehlman, on behalf of himself and all others similarly situated (Preferred Stockholders-Intervenor-Plaintiff), v. The GREAT WESTERN SUGAR COMPANY et al.

United States Court of Appeals Third Circuit.

Decided February 5, 1969.

As Amended February 20, 1969.


Attorney(s) appearing for the Case

Milton Handler, Kaye, Scholer, Fierman, Hays & Handler, New York City (Golden, Wienshienk & Mandel, Sonnenschein & Sherman, Ralph Wienshienk, Irving Sonnenschein, Bernard Rothman, New York City, on the brief), for appellants.

Simon H. Rifkind, Paul, Weiss, Goldberg, Rifkind, Wharton & Garrison, New York City (Stryker, Tams & Dill, Newark, N. J., Pitney, Hardin & Kipp, Newark, N. J., on the brief), for appellees.

Before GANEY, FREEDMAN and SEITZ, Circuit Judges.


OPINION OF THE COURT

SEITZ, Circuit Judge.

Plaintiff, Jane Levin, the holder of 1100 shares of the common stock of the Great Western Sugar Company (Sugar), commenced this action in the district court to enjoin the merger of Sugar and the Colorado Milling and Elevator Company (Milling) into a subsidiary of Milling, the Great Western United Corporation (United). Sugar, Milling, and United and the directors of Sugar and Milling were named as defendants

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