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KENNECOTT COPPER CORP. v. CURTISS-WRIGHT CORP.

No. 1174, Docket 78-7187.

584 F.2d 1195 (1978)

KENNECOTT COPPER CORPORATION, Plaintiff-Appellee, v. CURTISS-WRIGHT CORPORATION, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 28, 1978.

Attorney(s) appearing for the Case

David Klingsberg, New York City (Kaye, Scholer, Fierman, Hays & Handler, New York City, Allan M. Pepper, Steven J. Glassman and Barry Willner, New York City, of counsel), for defendant-appellant.

Marvin Schwartz, New York City (Sullivan & Cromwell, New York City, Richard J. Urowsky, Robert D. Owen and William H. Knull, III, New York City, of counsel), for plaintiff-appellee.

Before OAKES, VAN GRAAFEILAND and MESKILL, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

Curtiss-Wright Corporation has appealed from a judgment of the United States District Court for the Southern District of New York entered in the midst of a proxy fight between Curtiss-Wright and Kennecott Copper Corporation. At issue was the election of directors to the board of Kennecott, in which Curtiss-Wright had become a minority shareholder. The judgment, dated May 1, 1978, permanently enjoined Curtiss-Wright from further solicitation...

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