DAN RIVER, INC. v. ICAHN

No. 82-2014.

701 F.2d 278 (1983)

DAN RIVER, INC., Appellee, v. Carl C. ICAHN, Icahn Holding Corporation, Icahn Capital Corporation, Icahn & Co., Inc., Wolf Investors Plan, Inc., Brett Investors Corporation, C.C.I. & Associates, Crane Associates, and Michelle Investors Corporation, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided January 7, 1983.


Attorney(s) appearing for the Case

Theodore Altman, New York City (Gordon, Hurwitz, Butowsky, Baker, Weitzen & Shalov, Kent T. Stauffer, Franklin B. Velie, Mathew E. Hoffman, Clarence Otis, Jr., Robert J. Schechter, New York City, of counsel), and Edward G. Turan, New York City, Charles F. Witthoefft, Hirschler, Fleischer, Weinberg, Cox & Allen, Linda L. Royster, Richmond, Va., for appellants.

Max Gitter, New York City (Moses Silverman, Andrew J. Peck, Allan J. Arffa, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, Lewis T. Booker, Virginia W. Powell, Hunton & Williams, Richmond, Va.), for appellees.

Before WINTER, Chief Judge, MURNAGHAN, Circuit Judge, and BUTZNER, Senior Circuit Judge.


MURNAGHAN, Circuit Judge:

On November 12, 1982, the district court granted a preliminary injunction which prohibited the appellants, Carl C. Icahn and several companies under his control,1 from exercising the voting rights appurtenant to any shares owned or acquired in Dan River, Inc., the appellee here. The temporary injunction was to endure until a full scale trial on the merits, scheduled for February 1983, could take place. Because...

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