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ROSEN v. SIEGEL

No. 704, Docket 96-7645.

106 F.3d 28 (1997)

Marc ROSEN, on behalf of himself and all other stockholders of Morben Properties, Inc., Plaintiff-Appellant, Albert Rosen, individually and as the executor of the Estate of Esther Rosen; and Marc Rosen, Defendants-Appellants, v. Martin SIEGEL; and Morben Properties, Inc., Defendants-Counter-Claimant-Appellees, Paul Mobley; Winston Wellington; and Kenny Arthur, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 28, 1997.

Attorney(s) appearing for the Case

Ronald E. DePetris, DePetris & Bachrach, New York City (Marc L. Jordan, Clarksville, MD, of counsel), for Appellants.

Arnold P. Azarow, Garden City, NY, for Appellees.

Before: NEWMAN, Chief Judge, McLAUGHLIN, Circuit Judge, and SAND, District Judge.

McLAUGHLIN, Circuit Judge:

This is an appeal from an order of the United States District Court for the Eastern District of New York (David G. Trager, Judge), enjoining Appellants from "interfering with the management and operation" of Appellee corporation Morben Properties, Inc. ("Morben"), and denying Appellants' motion for appointment of a receiver. For the reasons stated below, we affirm in part and remand to the...

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