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VOEGE v. SMITH

No. 71 Civ. 1042.

329 F.Supp. 180 (1971)

Harry Walter VOEGE and Anna May Tunmore, as Trustees under the Last Will and Testament of Harry W. Voege, Plaintiffs, v. R. G. SMITH et al., Defendants.

United States District Court, S. D. New York.

On Reargument July 1, 1971.

Attorney(s) appearing for the Case

Charles Trynin, New York City, for plaintiffs.

Simpson, Thacher & Bartlett, New York City, for defendant Schenley Industries, Inc.

Fried, Frank, Harris, Shriver & Jacobson, New York City, for defendant Glen Alden Corp.

OPINION

LASKER, District Judge.

In this representative stockholders' action on behalf of Schenley Industries, Inc. ("Schenley") plaintiffs move for a preliminary injunction against the adoption of a plan and agreement of reorganization ("the Plan") the effect of which will be to merge Glen Alden Corporation ("Glen Alden") and Schenley. Plaintiffs are owners of 14% of Schenley's common stock and sue on behalf of a class of minority public holders of Schenley...

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