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BRENDLE v. SMITH

46 F.Supp. 522 (1942)

BRENDLE v. SMITH et al.

District Court, S. D. New York.

June 26, 1942.

Attorney(s) appearing for the Case

Geist & Netter, of New York City, for plaintiff.

Davis, Polk, Wardwell, Gardiner & Reed, of New York City, for defendants Francis B. Davis, Jr., et al.

Arthur, Dry & Dole, of New York City, for defendant United States Rubber Co.

Gifford, Woody, Carter & Hays, of New York City, for defendant Henry Rogers Winthrop.

RIFKIND, District Judge.

This is a motion by defendants to stay all proceedings in this suit until a final determination of a suit pending in the New York Supreme Court.

This suit (hereinafter called the Brendle suit), like the one pending in the state court (hereinafter called the Consolidated Action), is a stockholder's derivative action for the benefit of United States Rubber Company. The procedural events preceding the making of the pending motion have...

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