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BRUNDAGE v. THE NEW JERSEY ZINC CO.

48 N.J. Super. 450 (1967)

CHARLES E. BRUNDAGE, INDIVIDUALLY AND AS TRUSTEE FOR THE CHARLES E. AND EDNA T. BRUNDAGE CHARITABLE SCIENTIFIC AND WILD LIFE CONSERVATION FOUNDATION, PLAINTIFF-APPELLANT, AND EILEEN H. CARR, PLAINTIFF-INTERVENOR-APPELLANT, v. THE NEW JERSEY ZINC COMPANY, A NEW JERSEY CORPORATION, ET AL., DEFENDANTS-RESPONDENTS.

Supreme Court of New Jersey.

Decided January 23, 1967.

Attorney(s) appearing for the Case

Mr. Elmer J. Bennett argued the cause for appellants (Messrs. Carpenter, Bennett & Morrissey, attorneys; Miss Virginia D. Fenton, on the brief).

Mr. William L. Dill, Jr. argued the cause for The New Jersey Zinc Company, et al. (Messrs. Stryker, Tams & Dill, attorneys; Messrs. Covington & Burling of Washington, D.C., of counsel).

Mr. Donald B. Kipp argued the cause for Gulf & Western Industries, Inc., et al. (Messrs. Pitney, Hardin & Kipp, attorneys; Messrs. Strasser, Spiegelberg, Fried & Frank of New York City, of counsel).

Messrs. Jeffers & Mountain, attorneys for Harold U. Zerbe (Messrs. Pomerantz, Levy, Haudek & Block of New York City, of counsel).

The opinion of the Court was delivered by JACOBS, J.

The Chancery Division dismissed the plaintiff Brundage's complaint seeking to enjoin a proposed merger of defendant The New Jersey Zinc Company (Zinc), a New Jersey corporation, into Gulf & Western Industries, Inc. (G & W), a Michigan corporation. A notice of appeal to the Appellate Division was filed without any accompanying application for a stay and the merger was consummated. We certified the matter...

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