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TRUNCALE v. UNIVERSAL PICTURES CO.

76 F.Supp. 465 (1948)

TRUNCALE v. UNIVERSAL PICTURES CO., Inc., et al.

District Court, S. D. New York.

February 24, 1948.

Attorney(s) appearing for the Case

Millard & Greene, of New York City, for plaintiff.

H. G. Pickering (of Mudge, Stern, Williams & Tucker), of New York City (Wm. J. O'Connell, of counsel), for defendants.

Adolph Schimel, of New York City, for defendant Universal.

Milton Pollack, of New York City, for intervenor.

RIFKIND, District Judge.

This is a motion by defendants for summary judgment under Rule 56(b), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

I.

The first cause of action is attacked on two grounds of which the first is that it is barred by a three-year statute of limitations. The first cause of action is a derivative stockholders' suit, brought on behalf of defendant Universal Pictures Inc., against some of its directors and...

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