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HORWITZ v. BALABAN

112 F.Supp. 99 (1949)

HORWITZ v. BALABAN et al.

United States District Court S. D. New York.

October 24, 1949.

Attorney(s) appearing for the Case

William Rosenfeld, New York City, for plaintiff, Pomerantz, Levy, Schreiber & Haudek, New York City, of counsel.

Simpson, Thacher & Bartlett, New York City, for defendants, Louis Connick and James P. Murtagh, New York City, of counsel.

RYAN, District Judge.

Plaintiff moves for an order directing that, upon the filing of the amended complaint, the stay of this action heretofore granted on September 30, 1949 pursuant to Section 61-b of the General Corporation Law, McK.Consol.Laws, c. 23, be vacated. Defendant, Paramount Pictures, Inc., moves simultaneously for an order dismissing the amended complaint upon the ground that plaintiff has failed to comply with the order of September 30 and has failed...

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