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KASSNER v. UNITED STATES PICTURES

82 F.Supp. 633 (1948)

KASSNER v. UNITED STATES PICTURES, Inc., et al. MENCHER v. UNITED STATES PICTURES, Inc., et al. LAVINE v. UNITED STATES PICTURES, Inc., et al. BIRN v. UNITED STATES PICTURES, Inc., et al.

United States District Court S. D. New York, Civil Division.

December 27, 1948.

Attorney(s) appearing for the Case

Moroney & Ettinger, of New York City (Sol Pottish and Harry L. Ettinger, both of New York City, of counsel), for plaintiff Birn.

Israel Beckhardt, of New York City, for plaintiff Kassner.

Oscar Schleiff, of New York City, for plaintiff Lavine.

Sidney L. Garwin, of New York City, for plaintiff Mencher.

Simpson, Thacher & Bartlett, of New York City, for defendant Bernhard.

Friedman & Bareford, of New York City, for defendants Warner Bros. Pictures, Inc., and Robert W. Perkins.

RYAN, District Judge.

Similar motions to dismiss the complaint in four different stockholders' derivative actions are made by defendants, who urge that this court is without jurisdiction because of lack of diversity of citizenship — the ground upon which jurisdiction is predicated.

The defendants in all four actions are the same except for the action brought by plaintiff Birn in which Robert W. Perkins is not named defendant. The claims asserted are...

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