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WINITZ v. KLINE

288 A.2d 456 (1971)

Milton WINITZ, Plaintiff, v. S. Allan KLINE, Vivonex Corporation, a Delaware corporation, Defendants.

Court of Chancery of Delaware, New Castle.

April 21, 1971.

Attorney(s) appearing for the Case

Clyde M. England, Jr., and Courtney H. Cummings, Jr., of Killoran & Van Brunt, Wilmington, and Robert J. Nicol, of Valicenti, Leighton, Reid & Pine, New York City, for plaintiff.

Edmund N. Carpenter, II, of Richards, Layton & Finger, Wilmington, for Vivonex Corp.

Steven J. Rothschild, of Prickett, Ward, Burt & Sanders, Wilmington, and Cole & Groner, Washington, D. C., for S. Allan Kline.

DUFFY, Chancellor:

This is the decision on (a) a motion by a defendant to quash an order of sequestration on the ground that the stock seized is the property of a voting trust and not his property; and (b) plaintiff's motion for a default judgment against the moving defendant.

A.

Milton Winitz (plaintiff) is seeking an order for specific performance of a contract to which he is a party with S. Allan Kline...

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