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CUMBERLAND CORPORATION v. McLELLAN STORES CO.

E79-195.

32 F.Supp. 840 (1940)

CUMBERLAND CORPORATION v. McLELLAN STORES CO. et al.

District Court, S. D. New York.

April 27, 1940.

Attorney(s) appearing for the Case

Krause, Hirsch & Levin, of New York City, for plaintiff.

Sullivan & Cromwell, of New York City, for defendants McLellan Stores Co., United Stores Corporation, George K. Morrow, and William W. McLellan.

Kaye, Scholer, Fierman & Hays, of New York City (Harold L. Fierman, of New York City, of counsel), for defendants Stuart Hedden and Hedden & Co., Inc.

Winthrop, Stimson, Putnam & Roberts, of New York City (Walter J. Holzka, of New York City, of counsel), for defendants Richard Maynard and Lawrence Oakley.

BYERS, District Judge.

This is a minority stockholders action, i. e., a derivative suit, concerning McLellan Stores Company, in which, as of November 26, 1934, the plaintiff seeks:

1. To enjoin the defendants from accepting an offer by defendants Stuart Hedden, and Hedden & Co., Inc., respecting the sale to McLellan Stores Company of landlords' claims, and from making payment therefor.

2. That such claims be impressed with a trust in favor of McLellan...

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