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BERKWITZ v. HUMPHREY

Civ. No. 27386.

163 F.Supp. 78 (1958)

Abram J. BERKWITZ, Plaintiff, v. George M. HUMPHREY, George H. Love, J. B. Morrow, G. W. Kratz, Augustus K. Oliver, Arthur R. Braun, Emory M. Ford, L. F. Rains, Alan M Scaife, Arthur B. Van Buskirk, William P. Witherow, George W. Wyckoff, R. L. Ireland, H. D. Campbell, T. I. Parkinson, The M. A. Hanna Company, Pittsburgh Consolidation Coal Company, Defendants.

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

As Amended May 14, 1958.

Attorney(s) appearing for the Case

Harrison, Spangenberg & Hull, Allan Hull and Richard J. Cusick, Jr., of counsel, Cleveland, Ohio, for plaintiff.

George H. P. Lacey, Squire, Sanders & Dempsey, Cleveland, Ohio, for Pittsburgh Consolidation Coal Co.

Luther Day, George Rudolph, Jones, Day, Cockley & Reavis, Cleveland, Ohio, for M. A. Hanna Co.

Maurice F. Hanning, McAfee, Grossman, Taplin, Hanning, Newcomer & Hazlett, Cleveland, Ohio, for all individual defendants who have been served by process.

Earl F. Reed, Thorp, Reed & Armstrong, Pittsburgh, Pa., for defendants George M. Humphrey, R. L. Ireland, George H. Love.

McNAMEE, District Judge.

This is a shareholder's derivative action brought by plaintiff, a resident of Massachusetts, against the Pittsburgh Consolidation Coal Company, a Pennsylvania corporation, two of its directors and The M. A. Hanna Company, an Ohio corporation.

At the time of filing his complaint, plaintiff was the equitable owner of 300 shares of the common stock of Pittsburgh Consolidation and since 1954 has been the registered holder of 500 of the...

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