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IN RE KLEIN'S OUTLET, INC.

No. 79509.

48 F.Supp. 416 (1942)

In re KLEIN'S OUTLET, Inc.

District Court, S. D. New York.

July 15, 1942.

Attorney(s) appearing for the Case

Irving J. Tell, of New York City, for debtor.

Morris Okoshken, of Jamaica, N. Y., (Arthur Morris, of Jamaica, N. Y., and Abraham Lillienthal, of New York City, of counsel), for Rose Klein.

Benjamin F. Steinberg, of New York City and Louis P. Rosenberg, of Brooklyn, N. Y., for trustee.

BRIGHT, District Judge.

Rose Klein, the holder of a one-third stock interest in the bankrupt corporation, petitions for a review of the referee's order substituting the trustee in bankruptcy as the sole plaintiff in her place in a derivative stockholders' action brought by her in the New York Supreme Court.

The action mentioned was begun by the petitioner some time before the bankruptcy intervened. The bankrupt corporation, as was required, is a party defendant...

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