Unanimously modified, on the law and in the exercise of discretion, to the extent of granting leave to said defendant to plead such lack of jurisdiction as an affirmative defense in his answer and, as so modified, affirmed, without costs and disbursements.
Plaintiffs are shareholders of defendant Texas Gulf, Inc. which was the object of a "take-over" bid by a Canadian company. The gravamen of plaintiffs' verified third amended complaint is that the defendant corporation...
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