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MARCUS v. OTIS

Civ. 28-455.

83 F.Supp. 893 (1949)

MARCUS v. OTIS et al.

United States District Court S. D. New York.

March 16, 1949.

Attorney(s) appearing for the Case

Abraham Marcus and Louis A. Dreyer, both of New York City, for plaintiff.

Smigel & Miller and Samuel Marion, all of New York City, for plaintiff intervenor.

Spence, Hotchkiss, Parker & Duryea, of New York City, for defendants Otis and others.

Robert E. Connolley, of New York City, and Kent Meyers, of Cleveland, Ohio, for defendant Kuth.

C. L. Sylvester and S. G. Kingsley, both of New York City, for defendant E. A. Tracey and others.

Alexander & Green and C. W. Sorrell, both of New York City, for British Type Investors and others.

RIFKIND, District Judge.

This stockholder's derivative suit has had a long and involved history. On appeal by plaintiffs-intervenors from a judgment approving a proposed agreement of compromise, the Court of Appeals reversed and remanded for trial. It declared the amount to be paid inadequate because under both New York and Delaware law, on the evidence then before the court, the defendants were prima facie liable for conversion of shares of stock owned by the beneficiary...

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