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STEWART v. GODOY-SAYAN

153 F.Supp. 544 (1957)

James STEWART, Jacqueline S. Cardelli and Charles F. Stratton, as Executors of the Estate of Cecil P. Stewart, Deceased, Plaintiffs, v. Enrique GODOY-SAYAN, Defendant.

United States District Court S. D. New York.

July 31, 1957.

Attorney(s) appearing for the Case

Milton Pollack and Irving K. Rubin, New York City, for plaintiffs.

Dwight, Royall, Harris, Koegel & Caskey, New York City, Frederick W. P. Lorenzen, New York City, of counsel, for defendant.

DIMOCK, District Judge.

Plaintiff executors sue on a claim for damages alleged to have been suffered as a result of defendant's acts in looting a corporation of which they were stockholders. Defendant moves for a dismissal on the following grounds: (1) forum non conveniens, (2) failure to join the corporation as a party and (3) disqualification of plaintiffs by transfer of their stock and discharge as executors prior to...

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