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WRIGHT v. ZLOTNICK

Civ. A. No. 35225.

230 F.Supp. 307 (1964)

Barbara WRIGHT, individually and in behalf of any and all other stockholders of Jetronic Industries, Inc. v. Albert M. ZLOTNICK, Samuel J. Goldstein, Daniel Graub, Isadore Lassoff, Allen M. Shore, Dr. Milton Graub and Kenrich Corp. and Herman Rogge, and Jetronic Industries, Inc.

United States District Court E. D. Pennsylvania.

June 8, 1964.

Attorney(s) appearing for the Case

Frederick C. Fiechter, Jr., Philadelphia, Pa., Harry Salvan, New York City, for plaintiff.

Bernard J. Smolens, Philadelphia, Pa., for Albert M. Zlotnick, Isadore Lassoff and Dr. Milton Graub.

Milton P. Kroll, Freedman, Levy, Kroll & Simonds, Washington, D. C., Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for Jetronic Industries, Inc.

GRIM, District Judge.

On March 19, 1964, defendants' attorney filed a notice of oral deposition of the plaintiff in this shareholder's secondary action. On April 16, 1964, defendants' attorney filed a motion under F.R.Civ.P. 37(d) to dismiss plaintiff's action. In this motion it is alleged that defendants' attorney, after service of notice of the oral deposition on plaintiff's counsel, was notified that the plaintiff could not attend the deposition on the scheduled...

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