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BANK OF NEW YORK CO. v. NORTHEAST BANCORP, INC.

No. 1841, Docket 93-7411.

9 F.3d 1065 (1993)

The BANK of NEW YORK COMPANY, INC., Plaintiff-Appellant, v. NORTHEAST BANCORP, INC.; First Fidelity Bancorporation; Frank J. Kugler, Jr.; George R. Kabureck and Peter V. Young, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 22, 1993.

Attorney(s) appearing for the Case

Philip K. Howard, New York City (Linda C. Goldstein, Howard, Darby & Levin, of counsel), for plaintiff-appellant.

William H. Narwold, Hartford, CT (Laura W. Ray, Cummings & Lockwood, of counsel), for defendants-appellees Northeast Bancorp, Inc., Frank J. Kugler, Jr., George R. Kabureck and Peter V. Young.

Jonathan I. Blackman, New York City (Mitchell A. Lowenthal, Jonathan A. Willens, Martin Marvet, Chaya F. Weinberg-Brodt, Cleary, Gottlieb, Steen & Hamilton, Harold B. Finn, III, Donna Nelson Heller, Jennifer B. Rubin, Finn Dixon & Herling, of counsel), for defendant-appellee First Fidelity Bancorporation.

Before: OAKES, WINTER and McLAUGHLIN, Circuit Judges.

WINTER, Circuit Judge:

The Bank of New York Co. ("BNY") appeals from the denial by Judge Covello of its motion for a preliminary injunction. BNY, which, at the beginning of pertinent events, owned all the 1,000,000 issued shares of Northeast Bancorp's ("Northeast") non-voting common stock (Class B), sought to enjoin the merger of Northeast and First Fidelity Bancorporation ("First Fidelity"). Because the merger has already occurred and we cannot feasibly restore the...

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