HAHN v. BREED

No. 82 Civ. 8091.

587 F.Supp. 1369 (1984)

Bernard HAHN, Plaintiff, v. N. Preston BREED, David Fain Brown, Michael John Brown, A. Bryant Foster, David L. Ruecker, Edwin G. Shifrin, Apex Oil Company, a Missouri Partnership, Goldstein Oil Co., Novelly Oil Co., Apex Holding Co., Apex Maryland, Inc., Apex R.E. & T., Inc., Samuel R. Goldstein, P.A. Novelly, S.C.R. Investment Company and Enterprise Development Group, Defendants.

United States District Court, S.D. New York.

May 30, 1984.


Attorney(s) appearing for the Case

Garwin, Bronzaft & Gerstein, New York City, for plaintiff; Bertram Bronzaft, Bruce E. Gerstein, Scott W. Fisher, New York City, of counsel.

Hughes, Hubbard & Reed, New York City, for defendants; Ronald A. Stern, Thomas D. Goldberg, Hughes, Hubbard & Reed, Washington, D.C., of counsel.


OPINION

EDWARD WEINFELD, District Judge.

This class action was commenced by plaintiff, Bernard Hahn, a shareholder of Enterprise Development Group ("EDG"), a business trust organized under the laws of Massachusetts ("the Trust"), to rescind a merger whereby the Trust was merged with and became an indirect and wholly owned subsidiary of Apex Oil Company ("Apex") on August 10, 1982.

This is the plaintiff's second lawsuit attacking the merger. Plaintiff...

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