Fed. Sec. L. Rep. P 95,498 Manes Merrit v. Libby, McNeill & Libby

GURFEIN, Circuit Judge:

This is an appeal from the denial of plaintiffs’ motion for a preliminary injunction to restrain a short-form merger that was scheduled to take place on March 29, 1976 pursuant to a statutory thirty-day notice to shareholders and holders of convertible debentures under Section 904 of the Maine Business Corporation Act. The United States District Court for the Southern District of New York, Richard Owen, Judge, refused preliminary injunctive relief as unjustified under the tests set forth in Sonesta Internationa] Hotels Corp. v. Wellington Associates, 483 F.2d 247 (2…