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MTR SCHMIDT (MAGNETIC HEAD)

97 A.D.2d 244 (1983)

In the Matter of Herbert J. Schmidt, Jr., Appellant. Magnetic Head Corporation, Respondent Herbert J. Schmidt, Jr., Appellant, v. Magnetic Head Corporation et al., Respondents

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

November 14, 1983

Attorney(s) appearing for the Case

Berg & Duffy (James P. Duffy, III, Donald F. Leistman and Walter J. Gumersell of counsel), for appellant.

Farrell, Fritz, Caemmerer, Cleary, Barnosky & Armentano, P. C. (John P. Cleary, William V. Alesi and Eugene S. R. Pagano of counsel), for respondents.

LAZER, J. P., and GULOTTA, J., concur with GIBBONS, J.; MANGANO, J., concurs in part and dissents in part, with an opinion.

GIBBONS, J.

These appeals and the events leading up to the 1981 annual meeting of the Magnetic Head Corporation are closely associated with another case, Schmidt v Magnetic Head Corp. (97 A.D.2d 151 [decided herewith]). For the sake of orderly exposition, a review of the facts and proceedings in that case, as well as those in this one, is necessary.

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