BLACKMON v. CARSON


65 A.D.2d 731 (1978)

Benjamin B. Blackmon, on Behalf of Himself and All Other Shareholders of Tobin Packing Co., Inc., Similarly Situated, Appellant, v. Edward H. Carson et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

November 21, 1978


The gravamen of this avowedly nonderivative, representative class suit by minority stockholders of Tobin Packing Co., Inc., is that the controlling stockholders sold their stock to defendant Halco with no provision for participation in the sale or benefit to the minority stockholders, when the controlling stockholders could have sold their stock to another prospective buyer at the same price, and Hytech had publicly announced its plan for a merger which would have resulted...

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