M. Klastorin v. Clyde C. Roth, and George A. Fuller Company

The appeal in this instance is from Judge McGohey’s denial of Klastorin’s motion for a permanent injunction. 1

For the reasons stated in Richland v. Crandall, 353 F.2d 183 (2d Cir. 1965), this day decided, we dismiss this appeal. 2

Appeal dismissed.

1. Klastorin sought a permanent injunction restraining any use of the proxy statement on the ground that on its face it violated Section 14(a) of the Securities and Exchange Commission Act of 1934.

2. Since this case is soon to be tried, it is advisable that the District Judge be advised that the S. E. C., as amicus curiae, urges that Judge McGohey,…