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MARSHEL v. AFW FABRIC CORP.

No. 239, Docket 75-7404.

533 F.2d 1277 (1976)

Arnold MARSHEL, Plaintiff-Appellant, v. AFW FABRIC CORP. et al., Defendants-Appellees. Barry L. SWIFT, Plaintiff-Appellant, v. CONCORD FABRICS INC. et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 13, 1976.

Attorney(s) appearing for the Case

Martin A. Coleman, New York City (Rubin, Baum, Levin, Constant & Friedman, New York City, on the brief), for appellant Marshel.

Burton L. Knapp, New York City (Lipper, Lowey & Dannenberg, New York City, on the brief), for appellant Swift.

Sidney J. Silberman, New York City (Kaye, Scholer, Fierman, Hays & Handler, New York City, on the brief, Milton Sherman, New York City, of counsel), for appellees.

Before SMITH, HAYS and MESKILL, Circuit Judges.

HAYS, Circuit Judge:

Arnold Marshel and Barry L. Swift appeal from an order of the United States District Court for the Southern District of New York, denying appellants' motions for a preliminary injunction against a proposed merger between Concord Fabrics Inc. ("Concord") and AFW Fabric Corp. ("AFW") both of which are incorporated under the laws of New York. Appellants, stockholders of Concord, seek to enjoin the proposed merger on the grounds, inter alia,

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