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ACKERT v. AUSMAN

198 F.Supp. 538 (1961)

Harold C. ACKERT, as Trustee for the benefit of Laura B. Smith, Plaintiff, v. Evan L. AUSMAN, Joseph M. Fitzsimmons, Harold K. Bradford, Allan P. Kirby, Jr., Robert J. Bulkley, Clarence W. Meadows, James H. Clark, Harlan K. Nygaard, John C. Cornelius, Robert W. Purcell, William E. Eppler, Robert C. Reed, Robert J. Stallman, Investors Diversified Services, Inc., and Investors Mutual, Inc., Defendants.

United States District Court S. D. New York.

October 16, 1961.

Attorney(s) appearing for the Case

Rosenthal & Gurkin, New York City, for plaintiff. William E. Haudek, Abraham L. Pomerantz, Pomerantz, Levy & Haudek, New York City, of counsel.

Donovan, Leisure, Newton & Irvine, New York City, for defendant Investors Diversified Services, Inc. George S. Leisure, Jr., New York City, of counsel.

Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, for Investors Mutual, Inc. Taggart Whipple, Philip C. Potter, Jr., Roland W. Donnem, New York City, of counsel.

FREDERICK van PELT BRYAN, District Judge.

The plaintiff in this action, a citizen of Missouri, is the trustee of a trust, for the benefit of one Laura B. Smith, which is alleged to be a stockholder of defendant Investors Mutual, Inc. The amended complaint states that he brings this action "derivatively on behalf of Investors Mutual and representatively on behalf of himself and the other stockholders of Investors Mutual."

Investors Mutual (Mutual) is a Nevada...

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