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BERKOWITZ v. POWER/MATE CORPORATION

135 N.J. Super. 36 (1975)

342 A.2d 566

HERMAN BERKOWITZ, PLAINTIFF, v. POWER/MATE CORPORATION, A NEW JERSEY CORPORATION, GENERAL AMERICAN INDUSTRIES, INC., A NEW JERSEY CORPORATION, RICHARD GRAHAM, MARION GRAHAM, AND MARVIN CHARTER, DEFENDANTS. ROBERT GREENBERG, PLAINTIFF, v. POWER/MATE CORPORATION, A NEW JERSEY CORPORATION, GENERAL AMERICAN INDUSTRIES, INC., A NEW JERSEY CORPORATION, RICHARD GRAHAM, MARION GRAHAM, AND MARVIN CHARTER, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided May 8, 1975.

Attorney(s) appearing for the Case

Mr. Donald Coburn for plaintiffs (Messrs. Jacobs & Coburn, Esqs.) and Mr. Robert Greenberg (Messrs. Greenberg & Feiner, attorneys),

Messrs. Boardman & Epstein for defendants (Messrs. Bachner, Tally & Mantell, of the New York bar, of counsel.)

GELMAN, J.S.C.

These are consolidated class actions brought by public stockholders of defendant Power/Mate Corporation (Power/Mate) to enjoin a proposed merger of Power/Mate into defendant General American Industries, Inc. (General). The actions were instituted by orders to show cause and, on notice to and in the presence of counsel for all parties, the court restrained the consummation of the merger pending further...

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