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KEHAYA v. AXTON

32 F.Supp. 266 (1940)

KEHAYA v. AXTON et al.

District Court, S. D. New York.

March 15, 1940.

Attorney(s) appearing for the Case

William Harman Black, of New York City (Myron J. Kleban and Mitchell S. Fisher, both of New York City, of counsel), for plaintiff.

Hodges, Reavis, Pantaleoni & Downey, of New York City, and Woodward, Dawson & Hobson, of Louisville, Ky. (C. Frank Reavis and Martin D. Jacobs, both of New York City, and Ernest Woodward, of Louisville, Ky., of counsel), for individual defendants.

Riegelman, Hess & Strasser, of New York City (Walter J. Fried, of New York City, of counsel), for defendant Axton-Fisher Tobacco Co.

WOOLSEY, District Judge.

My judgment in this cause is:

(1) That the complaint be dismissed on the merits with all taxable costs, disbursements and allowances to each of the defendants.

(2) That this plaintiff has not any locus standi to maintain this action by reason of the fact that he is not any longer a director of the corporate defendant, the Axton-Fisher Tobacco Company.

I. My subject matter jurisdiction herein is based on diversity of...

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