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SUFFIN v. PENNSYLVANIA RAILROAD COMPANY

Civ. A. No. 3342.

276 F.Supp. 549 (1967)

Frieda SUFFIN, Plaintiff, v. The PENNSYLVANIA RAILROAD COMPANY, the Pennsylvania Company and Norfolk and Western Railway Company, Defendants.

United States District Court D. Delaware.

November 13, 1967.

Attorney(s) appearing for the Case

Irving Morris, Cohen, Morris & Rosenthal, Wilmington, Del., Abraham L. Pomerantz and Daniel W. Krasner, Pomerantz, Levy, Haudek & Block, New York City, of counsel, for plaintiff.

William S. Potter and Richard L. McMahon, Potter, Anderson & Corroon, Wilmington, Del., Margaret P. Allen, James N. Mullen and David L. Wilson, Philadelphia, Pa., of counsel, for defendants Pennsylvania R. Co. and Pennsylvania Co.

James M. Tunnell, Jr., and Richard L. Sutton, Morris, Nichols, Arsht & Tunnell, Wilmington, Del., Francis S. Bensel, Frank H. Heiss and Richard J. Concannon, Kelley, Drye, Newhall, Maginnes & Warren, New York City, of counsel, for defendant Norfolk & Western Ry. Co.

OPINION

CALEB M. WRIGHT, Chief Judge.

This is a derivative stockholders suit. The complaint was filed by a stockholder of the defendant, Norfolk and Western Railway Company (N & W). The other defendants are The Pennsylvania Railroad Company (PRR) and The Pennsylvania Company (Pennsylvania), a holding company of the PRR.

Defendants PRR and Pennsylvania have filed a joint motion to dismiss the action...

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