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McCONNELL v. LUCHT

No. 70 Civ. 5020.

320 F.Supp. 1162 (1970)

William C. McCONNELL, Jr., S. Paul Jones, Robert M. Miller, Dillman A. Rash, William D. Miller, Talbot Allen, Paul G. Counihan, C. Eugene Farnam, Richard O. Kearns and Ralph C. Fox, Plaintiffs, v. Allan P. LUCHT et al., Defendants.

United States District Court, S. D. New York.

November 19, 1970.

Attorney(s) appearing for the Case

Shea Gallop, Climenko & Gould, New York City, for plaintiffs; Milton S. Gould and Cleary, Gottlieb, Steen & Hamilton, George Weisz, New York City, of counsel.

Debevoise, Plimpton, Lyons & Gates, New York City, for defendants Servomation Corp. and William G. Maloney; Roswell B. Perkins, New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

An annual meeting of defendant Servomation Corp. is scheduled to be held on November 20, 1970, pursuant to a notice sent to stockholders on October 22. Plaintiff stockholders commenced this action only four days before the scheduled meeting, and now seek a preliminary injunction adjourning the voting of proxies obtained by the Management of Servomation. More specifically, plaintiffs seek to enjoin the closing of balloting...

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