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BUTLER AVIATION INT., INC. v. COMPREHENSIVE DESIGNERS, INC.

No. 510, Docket 34387.

425 F.2d 842 (1970)

BUTLER AVIATION INTERNATIONAL, INC. and Paul S. Dopp, individually and on behalf of all of the stockholders of Butler Aviation International, Inc., Plaintiffs-Appellees, v. COMPREHENSIVE DESIGNERS, INC., Defendant-Appellant, and Winston, Perry & Co., Inc., N G C Capital Management, Inc., successor to Wygod, Weis, Florin, Inc., Walter R. Garrison and Anthony M. Waltrich, Defendants.

United States Court of Appeals Second Circuit.

Decided January 8, 1970.

Attorney(s) appearing for the Case

John W. Castles, III, New York City (Lord, Day & Lord, New York, N. Y., Roger C. Ravel, Franklin B. Velie and Eugene F. Bannigan, New York, N. Y., of counsel), for plaintiffs-appellees.

Donald J. Zoeller, New York City (Mudge, Rose, Guthrie & Alexander, New York, N. Y., William P. Ford, New York, N. Y., of counsel), for defendant-appellant.

Before LUMBARD, Chief Judge, and FRIENDLY, Circuit Judge, and JUDD, District Judge.

FRIENDLY, Circuit Judge:

On this expedited appeal, Comprehensive Designers, Inc. (CDI) asks us to reverse a preliminary injunction issued by the District Court for the Southern District of New York in an action brought on November 21, 1969, by Butler Aviation International, Inc. (Butler), the target of an exchange offer by CDI, and joined by Butler's president, individually and on behalf of all of Butler's stockholders. Plaintiffs claimed, among other things, that...

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