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FONTHEIM v. WALKER

282 A.D. 373 (1953)

Kurt E. Fontheim, Suing for Himself and All Other Stockholders of Huron Holding Corporation, Similarly Situated, Respondent, v. George R. Walker et al., Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

July 7, 1953.

Attorney(s) appearing for the Case

Eugene J. Morris of counsel (Bernard Buchwald with him on the brief; Demovor & Morris, attorneys), for respondent.

J. Adam Murphy of counsel (Melvin L. Buchwald, II, with him on the brief; White & Case, attorneys), for George R. Walker and others, appellants.

Milton M. Bergerman, of counsel (Joseph Calderson, with him on the brief; Bergerman & Hourwich, attorneys), for Iskander Hourwich, appellant.

GLENNON, BREITEL and BERGAN, JJ., concur.

PECK, P. J.

Plaintiff is a stockholder of defendant Huron Holding Corporation. The complaint alleges that he owns approximately 31,000 shares of common stock out of an outstanding issue of 1,646,750 shares. The action purports to be a representative stockholders' action, brought pursuant to sections 101 and 102 of the General Corporation Law, to require the defendant Huron Holding Corporation and its directors...

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