Rosen v. Alleghany Corp.

133 F.Supp. 858 (S.D.N.Y. 1955)

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Nature of the Case

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Facts

Rosen and others (P) wanted to send proxy materials to the stockholders of Alleghany (D). P alleged that D had already begun solicitation of D's stockholders with a view to not execute P's proxies and that by reason of this solicitation, P was entitled under Rule X-14A-7 of the SEC regulations to have D mail P's proxy materials. D claims that the issues and utterances by P failed to constitute a proxy solicitation. There were oral and written communications by the D, Secretary-Treasurer that were published by newspapers.