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MONTAGUE v. ELECTRONIC CORPORATION OF AMERICA

76 F.Supp. 933 (1948)

MONTAGUE et al. v. ELECTRONIC CORPORATION OF AMERICA et al. McCONNELL et al. v. SAME.

District Court, S. D. New York.

February 14, 1948.

Attorney(s) appearing for the Case

Aronstam & Karp, of New York City, for plaintiffs.

Leo J. Linder, of New York City, for defendants Electronic Corporation of America and Samuel J. Novick and Mollie F. Novick, its principal officers and directors.

Stanley J. Mayer, of New York City, for defendants David Horowitz, third officer and director, and Daniel D. Brockman, accountant.

Kaye, Scholer, Fierman & Hays, Guggenheimer & Untermyer, Irving Steinman, and Sullivan & Cromwell, all of New York City, for those defendant underwriters who have appeared.

COXE, District Judge.

These are motions by the defendants in the above-entitled actions to dismiss the amended complaints for lack of jurisdiction over the subject matter, Federal Rules of Civil Procedure, rule 12(b) (1), 28 U. S.C.A. following section 723c or, in the alternative, to require the plaintiffs to furnish undertakings for the payment of costs, including reasonable attorneys' fees. There are also cross-motions by the plaintiffs in the two actions for discovery...

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