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JOHNSON v. BAKER

81 F.Supp. 563 (1948)

JOHNSON v. BAKER et al.

United States District Court S. D. New York.

November 30, 1948.

Attorney(s) appearing for the Case

Samuel J. Cohen, of New York City (Samuel J. Cohen and Henry Weiss, both of New York City, of counsel), for plaintiff.

Simpson Thacher & Bartlett, of New York City (Robert H. O'Brien, Chester C. Davis and Frederick B. Sussmann, all of New York City, of counsel), for defendant National Airlines, Inc.

Roy M. Cohn, of New York City (Alfred J. Callahan and Eugene J. Morris, both of New York City, of counsel), for defendant George T. Baker.

KAUFMAN, District Judge.

This is a stockholders' derivative action. Jurisdiction is based on diversity, plaintiff being a citizen of New York, National Air Lines, Inc. (hereinafter referred to as "National"), a Florida corporation, and Baker a citizen of Florida.

National is a common carrier by air, engaged in interstate and foreign commerce. Its air line operates between Miami, Florida, and New York, New York, and intermediate points; between Miami, Florida...

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