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NEUWIRTH v. MERIN

No. 67 Civ. 639.

267 F.Supp. 333 (1967)

Samuel NEUWIRTH, Plaintiff, v. Herbert L. MERIN, William J. Kreizel, Elihu H. Modlin and Emenee Corporation, Defendants.

United States District Court S. D. New York.

April 21, 1967.

Attorney(s) appearing for the Case

Bennett Frankel, New York City, for plaintiff.

Spear & Hill, New York City, for defendants, Elihu H. Modlin, William T. Reynolds and Martin R. Fine, New York City, of counsel.

OPINION

HERLANDS, District Judge:

This stockholders' derivative action is brought by a New Jersey resident on behalf of a New York corporation against its directors. Of the defendant-corporation's outstanding 545,926 shares, plaintiff beneficially owns 100 shares having a total market value of about $375.

Presently before the Court are two motions. Defendants move for an order requiring plaintiff to give security for expenses and costs pursuant to...

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