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MacCRONE v. AMERICAN CAPITAL CORPORATION

Civil Action No. 320.

51 F.Supp. 462 (1943)

MacCRONE et al. v. AMERICAN CAPITAL CORPORATION et al.

District Court, D. Delaware.

August 25, 1943.

Attorney(s) appearing for the Case

Hugh M. Morris and Alexander L. Nichols (of Morris, Steel, Nichols & Arsht) both of Wilmington, Del., and Howell Van Auken, of Detroit, Mich., for plaintiffs.

C. S. Layton (of Richards, Layton & Finger), of Wilmington, Del., and Alfred Jaretzki, Jr. (of Sullivan & Cromwell), of New York City, for defendants.

LEAHY, District Judge.

Plaintiffs own 65,024 shares of Class B common stock of American Capital Corporation (hereinafter called "American"). They also own 1 share of preferred, 2,181 shares of Class A common, and 1,349 shares of Class B common of Pacific Southern Investors, Inc. (hereinafter called "Pacific").

American and Pacific stockholders were to meet on June 29, 1943, to vote on a proposed merger of both companies. On the morning of that day, plaintiffs...

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