APPLESTEIN v. UNITED BOARD & CARTON CORP.


35 N.J. 343 (1961)

173 A.2d 225

BENJAMIN APPLESTEIN, PLAINTIFF, v. UNITED BOARD & CARTON CORPORATION, A NEW JERSEY CORPORATION, ET AL., DEFENDANTS, AND SAUL L. EPSTEIN AND INTERSTATE CONTAINER CORPORATION, DEFENDANTS. MARTHA U. BEUERLEIN, T/A HENNESEY & CO., INDIVIDUALLY AND ON BEHALF OF A CLASS OF STOCKHOLDERS SIMILARLY SITUATED, PLAINTIFF-RESPONDENT, v. UNITED BOARD & CARTON CORPORATION, A NEW JERSEY CORPORATION, ET AL., DEFENDANTS-APPELLANTS, AND SAUL L. EPSTEIN AND INTERSTATE CONTAINER CORPORATION, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided June 30, 1961.


Attorney(s) appearing for the Case

Mr. Isadore Glauberman argued the cause for defendants-appellants, United Board & Carton Corporation, et al. (Mr. Sheldon A. Weiss, on the brief).

Mr. Morris M. Schnitzer argued the cause for defendants-appellants Saul L. Epstein and Interstate Container Corporation (Messrs. Kasen, Schnitzer & Kasen, attorneys).

Mr. Seymour Margulies argued the cause for plaintiff-respondent, Martha U. Beuerlein, t/a Hennesey & Co., individually and on behalf of a class of stockholders similarly situated (Messrs. Warren, Chasan & Leyner, attorneys; Mr. Seymour Margulies, on the brief).


The opinion of the court was delivered by PROCTOR, J.

The defendants seek reversal of two Chancery Division orders denying their applications for an injunction to restrain the plaintiff, Martha Beuerlein, from prosecuting a stockholder's derivative action in the Supreme Court of New York.

Events leading up to the institution of the New York action are as follows: the plaintiff, a New Jersey resident and a minority...

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