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BOORSTIN v. UTILS. & INDUS. CORP. (DELAWARE)

34 A.D.2d 766 (1970)

Hannah C. Boorstin, as Executrix and Trustee Individually, and as a Shareholder of Utilities & Industries Corp., on Behalf of Herself and All Other Shareholders of Utilities & Industries Corp., Similarly Situated, and in the Right of Utilities & Industries Corp., Respondent, v. Utilities & Industries Corporation (Delaware) et al., Respondents Victor Rabinowitz, Respondent, v. Richard Rosenthal, Appellant, and Carter Group Inc., et al., Respondents Jules Singer, Individually, and as a Shareholder of The Utilities & Industries Corp., Suing on Behalf of Himself and All Other Shareholders of Utilities & Industries Corp., Similarly Situated and in the Right of The Utilities & Industries Corp., Appellant, v. Richard L. Rosenthal, Appellant, and Utilities & Industries Corp. et al., Respondents William B. Weinberger, Appellant, v. C. Kenneth Baxter et al., Respondents, and Richard L. Rosenthal, Appellant

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

May 19, 1970

Order entered February 10, 1970 unanimously modified on the law and the facts, and in the exercise of discretion, in the following respects: (a) The first decretal paragraph denying motion to vacate order of reference, dated December 1, 1969, is modified to the extent that further proceedings as to the reference are stayed, subject to a reopening of an application, following consolidation of all of the captioned actions. (b) The second decretal paragraph is reversed and Richard...

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