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REPUBLIC TECHNOLOGY FUND, INC. v. LIONEL CORPORATION

Nos. 66 Civ. 1523, 66 Civ. 1992.

345 F.Supp. 656 (1972)

REPUBLIC TECHNOLOGY FUND, INC., etc., Plaintiff, v. The LIONEL CORPORATION, Defendant. The NEW ENGLAND INDUSTRIES, INC., etc., Plaintiff, v. The LIONEL CORPORATION, Defendant.

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

June 12, 1972.

Attorney(s) appearing for the Case

Orans, Elsen & Polstein, New York City, for plaintiffs; Sheldon H. Elsen and Lewis Shapiro, New York City, of counsel.

Olwine, Connelly, Chase, O'Donnell & Weyher, New York City, for defendant; James E. Tolan, Judith S. Kaye, Paul D. Freeman, Richard F. Youmans, New York City, of counsel.

OPINION

BONSAL, District Judge.

These two actions, which were tried together by the court without a jury, arise out of the merger of Hathaway Instruments, Inc., into The Lionel Corporation, which merger became effective on November 6, 1961. Plaintiff in 66 Civ. 1523, Republic Technology Fund, Inc. ("Republic"), was incorporated under the laws of Delaware and has its principal place of business in California. Plaintiff in 66 Civ. 1992, The New England Industries...

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