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GOLDBERG v. ARROW ELECTRONICS, INC.

No. 770, Docket 74-2615.

512 F.2d 1258 (1975)

Maurice GOLDBERG et al., Plaintiffs-Appellants, v. ARROW ELECTRONICS, INC., Defendant-Appellee, and State of New York, Defendant.

United States Court of Appeals, Second Circuit.

Decided March 25, 1975.

Attorney(s) appearing for the Case

Samuel M. Sprafkin, New York City (Mandel M. Einhorn, New York City, on the brief), for plaintiffs-appellants.

Geoffrey M. Kalmus, New York City (Ellen R. Nadler, and Nickerson, Kramer, Lowenstein, Nessen, Kamin & Soll, New York City, on the brief), for defendant-appellee.

Before KAUFMAN, Chief Judge, MULLIGAN, Circuit Judge and THOMSEN, District Judge.

PER CURIAM:

Goldberg directs his attack primarily at § 623(e) of the New York Business Corporation Law (McKinney's Consol. Laws, c. 4, 1963), which requires a corporation to pay the fair market value of shares dissenting to a merger only if the merger is consummated. On January 31, 1973 Arrow Electronics, Inc. abandoned the merger to which Goldberg had dissented on May 25, 1972; in the interim, under § 623(e) and...

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