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BAILEY v. TUBIZE RAYON CORPORATION

Civil Action No. 351.

56 F.Supp. 418 (1944)

BAILEY et al. v. TUBIZE RAYON CORPORATION.

District Court, D. Delaware.

July 31, 1944.

Attorney(s) appearing for the Case

James R. Morford (of Marvel & Morford), of Wilmington, Del., and Spencer Pinkham, of New York City, for plaintiffs.

C. F. Richards and C. S. Layton (of Richards, Layton & Finger), both of Wilmington, Del., and Cadwalader, Wickersham & Taft, of New York City, for defendant.

LEAHY, District Judge.

Holders of an aggregate of 1137 shares of Non-Cumulative Class A $1 seek to enjoin the defendant from enforcing as to them an amendment to defendant's certificate of incorporation, adopted under Sec. 26 of the Delaware Corporation Law, Rev. Code 1935, § 2058, as amended by 43 Del. Laws, c. 132, § 5, which changed its Class A and Common stock into a single class of new common stock. The present action was commenced after the amendment...

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