Lewald v. York Corp.

RIFKIND, District Judge.

Defendant moves to dismiss the complaint on the ground that the subject matter is such that the court should not assume jurisdiction. It invokes the rule of forum non conveniens.

The action is by three preferred stockholders of York Ice Machinery Corporation, a Delaware corporation, now merged with defendant, another Delaware corporation, to determine whether such stockholders, who had dissented from the merger and had demanded payment for their stock and had appointed an appraiser, but had not completed the appraisal proceedings, can now revoke their dissent and obtain…