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LEVIN v. INTERNATIONAL BUSINESS MACHINES CORPORATION

No. 70 Civ. 1654.

319 F.Supp. 51 (1970)

Howard S. LEVIN, Plaintiff, v. INTERNATIONAL BUSINESS MACHINES CORPORATION and Levin-Townsend Computer Corporation, Defendants.

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

June 29, 1970.

Attorney(s) appearing for the Case

Goldstein, Gurfein, Shames & Hyde, New York City, Greene & Orloff, Newark, N. J., for plaintiff.

Cravath, Swaine & Moore, New York City, for defendant International Business Machines Corp.

Simpson, Thacher & Bartlett, New York City, for defendant Levin-Townsend Computer Corp.

OPINION

LASKER, District Judge.

Howard S. Levin ("Levin"), plaintiff in this derivative stockholder suit, seeks a preliminary injunction against defendant International Business Machines Corporation ("IBM"). Levin, still a substantial stockholder in defendant Levin-Townsend Computer Corporation ("L-T"), was its President until January 1970, when he was ousted. He is presently engaged in a proxy fight to regain...

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