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LAURENZANO v. EINBENDER

No. 65 C 1285.

264 F.Supp. 356 (1966)

Salvatore and Hilda LAURENZANO, Plaintiffs, v. Alvin H. EINBENDER, David V. King, Bernard H. Barnett, Stanley Yarmuth, Milton M. Horne, Stanley A. Nabi, Solomon S. Dobin, Jack Horne, National Industries, Inc. and Retail Centers of the Americas, Inc., Defendants.

United States District Court E. D. New York.

November 29, 1966.

Attorney(s) appearing for the Case

Sidney B. Silverman, New York City, for plaintiffs.

Lawson F. Bernstein, New York City (I. Meyer Pincus, New York City, of counsel), for defendants other than Retail Centers.

Myron J. Greene, New York City (Millard & Greene, New York City, of counsel), for defendant, Retail Centers of the Americas, Inc.

MEMORANDUM and ORDER

DOOLING, District Judge.

The allegations of the amended complaint, seeking to rescind two transactions, would, if true, appear to state a case under state law for breach of fiduciary duty owed to a corporation. The defendants, in effecting the formal corporate action involved in completing the transactions, solicited the votes of the corporation's shareholders through a proxy statement alleged to have been false and misleading, and the...

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