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DYE v. LEWIS

68 Misc.2d 432 (1971)

Marvin R. Dye et al., as Trustees for Bondholders Under a Certain Instrument of Trust with Standard Rochester Brewing Co., Inc., Plaintiffs v. Aaron Lewis et al., Defendants.

Supreme Court, Monroe County.

November 30, 1971

Attorney(s) appearing for the Case

Whitbeck & Holloran (Walter J. Holloran of counsel), for plaintiffs. Wiser, Shaw, Freeman, Van Graafeiland, Harter & Secrest (Ellsworth A. Van Graafeiland of counsel), for Aaron Lewis and others, defendants.

EMMETT J. SCHNEPP, J.

This motion by defendants Lewis is based upon the claimed valid action of a majority of the bondholders in removing the above-named plaintiffs as trustees and appointing successor trustees effective July 30, 1971. The history of the trust and the relevant facts respecting the within action have been detailed in the decision of the court dated August 27, 1971. (67 Misc.2d 426.)

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