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ROGERS v. AMERICAN CAN CO.

Civ. A. No. 684-58.

187 F.Supp. 532 (1960)

Alexander ROGERS, Plaintiff, v. AMERICAN CAN CO. et al., Defendants.

United States District Court D. New Jersey.

September 27, 1960.

Attorney(s) appearing for the Case

Milton, McNulty & Augelli, by Charles J. Milton and Allan H. Klinger, Jersey City, N. J., for plaintiff.

Pitney, Hardin & Ward, by Donald B. Kipp, Newark, N. J., for American Can Co.

Stryker, Tams & Horner, by Emory C. Risley, Newark, N. J., for Metal & Thermit Corp.

Clapp & Eisenberg, by Alfred C. Clapp, Newark, N. J., for C. J. Beasley.

HARTSHORNE, District Judge.

Plaintiff, Alexander Rogers, a stockholder of Metal & Thermit Corporation [hereinafter called M & T], brings a derivative action on behalf of M & T against American Can Co. [hereinafter called Canco] and eight of twelve directors of M & T, some of whom are connected with Canco. M & T is also named as a defendant inasmuch as it has been unable to independently pursue this suit on its own behalf, and so that it will be...

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