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BERKWITZ v. HUMPHREY

Civ. A. No. 27386.

130 F.Supp. 142 (1955)

Abram J. BERKWITZ, Plaintiff, v. George M. HUMPHREY et al., Defendants.

United States District Court, N. D. Ohio, E. D.

January 14, 1955.

Attorney(s) appearing for the Case

Harrison, Spangenberg & Hull, Cleveland, Ohio, for plaintiff.

Earl F. Reed, of Thorp, Reed & Armstrong, Pittsburgh, Pa., Maurice F. Hanning, of McAfee, Grossman, Taplin, Newcomer & Hazlett, Cleveland, Ohio, Squire, Sanders & Dempsey, Cleveland, Ohio, Jones, Day, Cockley & Reavis, Cleveland, Ohio, for defendants.

McNAMEE, District Judge.

This is a derivative action by plaintiff, a resident of Massachusetts, against the Pittsburgh-Consolidation Coal Company, a Pennsylvania corporation, two of its directors, and the Hanna Coal Company. Plaintiff is the owner of 200 of the two million shares of the Common Stock of Pittsburgh, which is less than fifteen-one thousandths of one per cent. of the corporation's outstanding shares. The action was filed in 1950 and has reached the stage...

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