Modified, on the law, without costs and disbursements, to the extent of striking from the penultimate decretal paragraph the words "permanently enjoined" and substituting therefor "preliminarily enjoined" and, except as thus modified, affirmed.
Given the recent corporate recapitalization which involved the issuance of a new class of preferred stock and which would permit the discriminatory repurchase of that stock on a basis that is ratable for some, but not all,...
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