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MERRIT v. LIBBY, McNEILL & LIBBY

No. 1035, Docket 76-7136.

533 F.2d 1310 (1976)

Manes MERRIT et al., Appellants, v. LIBBY, McNEILL & LIBBY, et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided April 5, 1976.

Attorney(s) appearing for the Case

Stuart D. Wechsler and Edward Labaton, New York City (Kass, Goodkind, Wechsler & Gerstein, Shatzkin, Cooper, Labaton, Rudoff & Bandler, Nemser & Nemser, and Wolf Popper Ross Wolf & Jones, New York City, of counsel), for appellants.

R. John Cooper, New York City (Cravath, Swaine & Moore, New York City), for appellees.

Before OAKES and GURFEIN, Circuit Judges, and PIERCE, District Judge.

GURFEIN, Circuit Judge:

This is an appeal from the denial of plaintiffs' motion for a preliminary injunction to restrain a short-form merger that was scheduled to take place on March 29, 1976 pursuant to a statutory thirty-day notice to shareholders and holders of convertible debentures under Section 904 of the Maine Business Corporation Act. The United States District Court for the Southern District of New York, Richard Owen, Judge, refused preliminary injunctive...

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