Oliver R. GRACE et al., Plaintiffs-Appellants,
v.
Daniel K. LUDWIG et al., Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued June 5, 1973.
Decided September 12, 1973.
Attorney(s) appearing for the Case
Sidney Bender, New York City (Leventritt, Lewittes & Bender, New York City, of counsel), pro se and for all other plaintiffs-appellants.
William E. Haudek, New York City (Pomerantz, Levy, Haudek & Block, New York City, Abraham L. Pomerantz and Julius Levy, New York City, of counsel), for defendants-appellees Daniel K. Ludwig, Berkshire Industries, Inc., and American Hawaiian Steamship Co.
Charles A. Stillman, New York City (Morrison, Paul, Stillman & Beiley, New York City, and Peter H. Morrison, Benjamin Zelermyer and Julian W. Friedman, New York City, of counsel), for defendant-appellee Robert Korsen.
Gary J. Greenberg, New York City (Stroock & Stroock & Lavan, New York City, of counsel), for defendants-appellees Trude Weininger and Premier Investing Corp.
Before HAYS, MANSFIELD and MULLIGAN, Circuit Judges.
United States Court of Appeals, Second Circuit.
MULLIGAN, Circuit Judge:
The controversy before us on appeal originated when the defendant Berkshire Industries, Inc. ("Berkshire") applied to the SEC for an exemption under Section 17 of the Investment Company Act of 1940 (the "Act"), 15 U.S.C. § 80a-17,1 which would permit it to absorb its 91% owned subsidiary the defendant American-Hawaiian Steamship Company ("American") by a short form merger. American is a registered closed-end...
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