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KATZ v. HOE & CO.

199 Misc. 459 (1950)

Nathan Katz, Individually and Suing on Behalf of Himself and All Other Common Stockholders of R. Hoe & Co., Inc., Similarly Situated, Plaintiff, v. R. Hoe & Co., Inc., et al., Defendants.

Supreme Court, Trial Term, New York County.

October 27, 1950.

Attorney(s) appearing for the Case

Gustave B. Garfield for plaintiff.

Booth & Baron for Alfred D. Martin, defendant.

Neil P. Cullom, defendant in person and for R. Hoe & Co., Inc., and others, defendants.

COHALAN, J.

In this action, two common stockholders of the corporate defendant (hereinafter referred to as "Hoe") seek to enjoin a consolidation of Hoe with a wholly owned subsidiary corporation.

On the day the trial in this case was concluded and when the matter was sub judice (the court awaiting the briefs of the litigants) plaintiff applied to the United...

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