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CALLISTER v. GRAHAM-PAIGE CORPORATION

Civ. A. No. 1844.

146 F.Supp. 399 (1956)

Louis CALLISTER, Plaintiff, v. GRAHAM-PAIGE CORPORATION, The Whitney Apollo Corporation, Thermoid Managers' Group Inc., George S. Fabel, Russell H. Temple, Bicher & Co., Orvis Brothers & Co. and Thermoid Company, Defendants.

United States District Court D. Delaware.

October 31, 1956.

Attorney(s) appearing for the Case

Clair J. Killoran, Killoran & Van Brunt, Wilmington, Del., for plaintiff.

Aaron Finger, Richards, Layton & Finger, Wilmington, Del., Charles H. Tuttle and John R. Brook, Breed, Abbott & Morgan, New York City and George Brussel, Jr., Rosston, Hort & Brussel, New York City, for defendant, Thermoid Co.

Richard F. Corroon, Berl, Potter & Anderson, Wilmington, Del., Cyrus R. Vance and Eliot B. Weathers, Simpson, Thacher & Bartlett, New York City, for defendants, Graham-Paige Corp. and The Whitney Appollo Corp.

RODNEY, District Judge.

This is an application for a preliminary injunction restraining the holding of a special meeting of stockholders of Thermoid Company, a Corporation of the State of Delaware, on September 20, 1956, called by a percentage of the stockholders and allegedly so called pursuant to the by-laws.

A minority of the stockholders of the Company, deeming themselves entitled to representation on the Board of Directors, sought such remedy by the Board...

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