Holthusen v. Edward G. Budd Mfg. Co.

BARD, District Judge.

Two motions are before the Court: Plaintiff’s motion for a preliminary injunction against the defendant, and the defendant’s motion to dismiss the plaintiff’s complaint.

The plaintiff, a stockholder of the defendant corporation, has filed a complaint seeking to enjoin the submission of a new by-law1 to a vote of the shareholders of the corporation at a special and adjourned annual meeting, to be held July 13, 1943. The by-law, if adopted by the shareholders, would authorize the Board of Directors of the corporation to issue options, within *622one year thereof, to a group of…