Kass v. Arden-Mayfair, Inc.

ORDER DENYING PRELIMINARY INJUNCTION

DAVID W. WILLIAMS, District Judge.

This lawsuit arose out of a proxy contest involving the election of five persons to the Board of Directors of the corporate defendant Arden-Mayfair Co., a publicly-held corporation engaged in operating dairy facilities and a chain of supermarkets. The common shareholders were to select three Board members, each to serve three-year terms, while the preferred shareholders would elect two Directors to one-year terms. The plaintiffs alleged that Arden-Mayfair’s proxy materials contained misstatements and omissions which were…