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CENTRAL FOUNDRY COMPANY v. GONDELMAN

166 F.Supp. 429 (1958)

The CENTRAL FOUNDRY COMPANY, Robert L. Hamill, Fred J. Young and Paul M. Dollard, individually and as the Management Proxy Committee of The Central Foundry Company, Plaintiffs, v. Sidney GONDELMAN, Harold D. Farber, Alan H. Knowles, John J. Nolan, Jr., William C. Maidman, Arthur R. Roy, Sr., and Jacob I. Rosenbaum, Individually and as Members of The Central Foundry Company Independent Stockholders' Protective Committee, and The Central Foundry Company Independent Stockholders' Protective Committee, Defendants. SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. Sidney GONDELMAN, Harold D. Farber, Alan H. Knowles, John J. Nolan, Jr., William C. Maidman, Arthur R. Roy, Sr., and Jacob I. Rosenbaum, Individually and as Members of The Central Foundry Company Independent Stockholders' Protective Committee, and The Central Foundry Company, a Corporation, Defendants.

United States District Court S. D. New York.

August 15, 1958.

Attorney(s) appearing for the Case

Guggenheimer & Untermyer, New York City, Harry Hoffman, Alfred Berman, Leon H. Tykulsker, New York City, of counsel, for plaintiff Central Foundry Co.

Royall, Koegel, Harris & Caskey, New York City, John A. Wells, William R. Glendon, Thomas H. McBryde, New York City, of counsel, for defendants Central Foundry Co., Independent Stockholders' Protective Committee and Sidney Gondelman.

Daniel J. McCauley, Jr., Washington, D. C., J. Gordon Cooney, New York City, of counsel, for Securities & Exchange Commission.

BICKS, District Judge.

The Central Foundry Company, a Maine corporation, (hereinafter referred to as the "Company"), whose voting securities (with the relatively insignificant exception hereinafter noted) are listed and registered on the New York Stock Exchange, a national securities exchange, is enmeshed in a contest for control. Each of its oustanding 642,635 shares of stock is entitled to one vote, 639,130 thereof are common and the remaining 3,505, not listed...

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