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SCHREIBER v. BUTTE COPPER & ZINC CO.

98 F.Supp. 106 (1951)

SCHREIBER v. BUTTE COPPER & ZINC CO. et al. (two cases).

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

June 6, 1951.

Attorney(s) appearing for the Case

Pomerantz, Levy, Schreiber & Haudek, New York City, for plaintiff. Abraham L. Pomerantz, New York City, of counsel.

Chadbourne, Parke, Whiteside, Wolff & Brophy, New York City, for defendant Anaconda Copper Mining Co. Leonard P. Moore, Alan S. Kuller, New York City, of counsel.

Garey & Garey, New York City, for defendant Butte Copper & Zinc Co. Eugene L. Garey, John P. Boland, New York City, of counsel.

WEINFELD, District Judge.

There are three separate motions before the Court in two actions brought by the plaintiff, a stockholder of Butte Copper & Zinc Co., hereinafter referred to as Butte, against Butte and against Anaconda Copper Mining Co., hereinafter referred to as Anaconda.

One action is admittedly a derivative suit on behalf of Butte, wherein judgment is sought requiring the co-defendant Anaconda to account to Butte for profits derived by Anaconda...

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