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GRUSS v. CURTIS PUBLISHING COMPANY

No. 594, Docket 75-7546.

534 F.2d 1396 (1976)

Oscar GRUSS, Plaintiff-Appellee, and Oscar Gruss & Son, Plaintiff, v. The CURTIS PUBLISHING COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 21, 1976.

Attorney(s) appearing for the Case

Theodore L. Marks, New York City (Lee, Cash & Marks, New York City, of counsel), for defendant-appellant.

Michael P. Fuchs, New York City (Kass, Goodkind, Wechsler & Gerstein, New York City, of counsel), for plaintiff-appellee.

Before FRIENDLY, MULLIGAN and GURFEIN, Circuit Judges.

FRIENDLY, Circuit Judge:

This action, in the District Court for the Southern District of New York, arises from a plan of recapitalization adopted by defendant The Curtis Publishing Company (Curtis), a Pennsylvania corporation, at an annual meeting of shareholders on September 14, 1972. Curtis' capitalization had consisted of $7,485,000 of Subordinated 6% Income Debentures due October 1, 1986, bearing $2,470,000 of accrued interest; 334,470 shares of $4 Prior Preferred...

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