No. 697, Docket 74-2591.

514 F.2d 283 (1975)

Albert KAUFMANN, Plaintiff-Appellant, v. Mary Wells LAWRENCE et al., Defendants-Appellees, and Warren J. Kratky et al., Defendants.

United States Court of Appeals, Second Circuit.

Decided April 3, 1975.

Attorney(s) appearing for the Case

Stanley Nemser, New York City (Norman S. Nemser, Peter Wang, and Nemser & Nemser, New York City, of counsel), for plaintiff-appellant.

Robert J. Sisk, New York City (Amalya L. Kearse, George A. Davidson, Robert F. Herrmann, Hughes Hubbard & Reed, New York City, of counsel), for defendants-appellees.

Before FRIENDLY and GURFEIN, Circuit Judges, and BARTELS, District Judge.


This is an appeal from a denial of a preliminary injunction by Judge Carter against the consummation of a tender offer by Wells, Rich, Green, Inc. (the Corporation) to its own stockholders which the appellant contends amounts to "going private." Appellant contended that there were omissions in the prospectus which were material, that appellees, directors of the Corporation, were engaged in a fraudulent scheme and device in violation of the 1934 Securities...

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