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ARMOUR AND COMPANY v. GENERAL HOST CORPORATION

No. 69 Civil 279.

296 F.Supp. 470 (1969)

ARMOUR AND COMPANY and McClure Kelley, Plaintiffs, v. GENERAL HOST CORPORATION et al., Defendants.

United States District Court S. D. New York.

February 7, 1969.

Attorney(s) appearing for the Case

Sullivan & Cromwell, New York City, for plaintiffs, Arthur Dean, Robert MacCrate, Robert M. Osgood, John F. Cannon, Joseph McLaughlin, New York City, of counsel.

Lovejoy, Wasson, Lundgren & Ashton, New York City, for defendant, General Host Corp., Edwin E. McAmis, Douglas Foster, James J. Murray, New York City, of counsel.

Holtzmann, Wise & Shepard, New York City, for defendants, Allen & Co. and Allen & Co., Inc., George M. Duff, Jr., New York City, of counsel.

Goldfeld, Charak, Tolins & Lowenfels, New York City, for defendant, Kleiner, Bell & Co., Inc., Lewis D. Lowenfels, New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

This action involves another "target" in the securities market, Armour and Company (Armour), whose control is sought by two contenders. The action is brought by Armour and one of its stockholders on behalf of themselves and other common stockholders (other than defendants) to enjoin the exchange of securities offered by the defendant General Host Corporation (General Host), one of the two contenders for the favor...

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