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RITTER v. HILO VARNISH CORPORATION

186 F.Supp. 625 (1960)

Edward RITTER, on behalf of himself and all others similarly situated, Plaintiff, v. HILO VARNISH CORPORATION, William E. Fierman, John G. Legg, William C. Miller and Albert C. Leguori, its officers and directors, and Carpenter-Morton Company, Defendants.

United States District Court S. D. New York.

September 2, 1960.

Attorney(s) appearing for the Case

Molloy & Fletcher, Manhasset, N. Y., for plaintiff (Robert V. Rafter, Manhasset, N. Y., of counsel).

Bannister, Stitt, Holloway & Krause, New York City, for defendant Hilo Varnish Corp.

Webster, Sheffield & Chrystie, New York City, for defendant Carpenter-Morton Co.

RYAN, Chief Judge.

Plaintiff moves under Rule 60(b) F.R. Civ.P., 28 U.S.C. to vacate the judgment of dismissal entered by the Court on August 11, 1960, and for leave thereafter to move for summary judgment upon the motion papers filed on July 18, 1960.

Suit was filed on August 19, 1959. It is a stockholders' derivative action. The jurisdiction is predicated on diversity.

Plaintiff is a stockholder of the Hilo Varnish Corporation, owning 126 of the...

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