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LOWELL WIPER SUPPLY CO. v. HELEN SHOP, INC.

235 F.Supp. 640 (1964)

LOWELL WIPER SUPPLY CO., Charlotte S. Feinberg, and Doris Ashapa, Plaintiffs, v. The HELEN SHOP, INC., John J. Blesch, Veronica Berman, M. James Spitzer, Veronica Berman and John J. Blesch, as Executors under the Last Will and Testament of Sidney Berman, Deceased, and Spitzer & Feldman, a Partnership, Defendants.

United States District Court S. D. New York.

November 2, 1964.

Attorney(s) appearing for the Case

Golden, Wienshienk, Rosenthal & Mandel, New York City, for plaintiffs, Albert J. Rosenthal, Ralph Wienshienk, Simon Eilenberg, New York City, of counsel.

Spitzer & Feldman, New York City, for defendants.

WEINFELD, District Judge.

This is essentially a stockholders' derivative action with jurisdiction based upon diverse citizenship. The Helen Shop, Inc., for whose benefit the action is brought, is a Tennessee corporation. The two individual plaintiffs are citizens of Massachusetts, and the third plaintiff, Lowell Wiper Supply Co., is a Massachusetts corporation. All the defendants are citizens of the State of New York. Sidney Berman, the dominant and controlling stockholder...

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