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RIPLEY v. STORER

283 A.D. 923 (1954)

Douglas Ripley et al., Respondents, v. Douglas F. Storer et al., Appellants, et al., Defendants

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

May 11, 1954.

Orders appealed from affirmed.

PECK, P. J. (dissenting).

This is an appeal from orders denying motions to dismiss the complaint in an action for declaratory judgment and from orders denying motions to strike certain paragraphs of the complaint.

At least some of the paragraphs of the complaint to which the motions to strike were addressed contain allegations which are appropriate only to a derivative stockholders' action, which this action...

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