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MOSS ESTATE, INC. v. METAL & THERMIT CORP.

73 N.J. Super. 56 (1962)

179 A.2d 54

MOSS ESTATE, INC., A CORPORATION OF THE STATE OF NEW YORK, AND HUBERT E. AND ANNE E. ROGERS FOUNDATION, A MEMBERSHIP CORPORATION OF THE STATE OF NEW YORK, PLAINTIFFS, v. METAL & THERMIT CORPORATION, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided March 1, 1962.

Attorney(s) appearing for the Case

Mr. Charles Milton and Mr. Allan H. Klinger for plaintiffs (Messrs. Milton & Keane, attorneys).

Mr. Emory C. Risley for defendant (Messrs. Stryker, Tams & Dill, attorneys).

COLLESTER, J.S.C.

This action was brought by plaintiffs, both corporations of New York, which are the registered owners of 2,257 shares of preferred stock of defendant Metal & Thermit Corporation (M & T) a New Jersey corporation, which stock represents 34.9% of the 6,462 shares of preferred stock authorized, issued and outstanding of the defendant corporation. The action attacked the proposed merger and consolidation of The Udylite Corporation (Udylite), a...

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