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BANCROFT CONVERTIBLE FUND v. ZICO INV. HOLDINGS

No. 87-5260.

825 F.2d 731 (1987)

BANCROFT CONVERTIBLE FUND, INC. v. ZICO INVESTMENT HOLDINGS INC., Michael B. Javett, First Fidelity Bank, N.A., Georgeson & Company Inc. and Luthie Intercontinentale, Inc. Appeal of ZICO INVESTMENT HOLDINGS INC.

United States Court of Appeals, Third Circuit.

Decided July 29, 1987.

Attorney(s) appearing for the Case

Gordon Hurwitz Butowsky Weitzen Shalov & Wein, New York City, Theodore Altman (argued), Lawrence J. Zweifach, Steven A. Coploff, Jody Craig Zucker, Lowenstein, Sandler, Kohl, Fisher & Boylan, Roseland, N.J. (Gregory B. Reilly, of counsel), for defendant-appellant.

Matthew M. Strickler (argued), Darryl J. May, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa. (Robert A. Wayne, Jack M. Sabatino, Robinson, Wayne, Levin, Riccio & LaSala, Newark, N.J., of counsel), for plaintiff-appellee.

Before GIBBONS, Chief Judge, and WEIS and ALDISERT, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Chief Judge:

Zico Investment Holdings Inc. (Zico) appeals from orders of the district court which granted a preliminary injunction against its tender offer for shares of Bancroft Convertible Fund, Inc. (Bancroft) and which denied its motion to vacate that injunction. Bancroft is a closed-end investment company. The district court granted the preliminary injunction after concluding that Bancroft was likely to succeed in establishing...

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