Else Willheim and Randolph Phillips v. Investors Diversified Services, Inc., and Investors Mutual, Inc.

This case presents substantial issues of fact and law which must be resolved before there can be final adjudication that the investment advisory and underwriting service contracts between the two defendants-appellees have been abrogated by a transfer of stock control as provided in §§ 2(a)(4), 15(a)(4), and (b) (2) of the Investment Company Act of 1940, 15 U.S.C. §§ 80a-2(a) (4), 80a-15(a)(4), and (b)(2). It seems clear that neither plaintiffs nor the corporation they assume to represent will suffer irreparable injury by delay in achieving their goal until after trial on the merits, while the…