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KRONENBERG v. HOTEL GOVERNOR CLINTON, INC.

No. 66 Civ. 1297.

281 F.Supp. 622 (1967)

Mina KRONENBERG, Esther Feldman and Gala Jane Cohen, on behalf of themselves and all other holders of securities of the Hotel Governor Clinton, Inc., similarly situated, Plaintiffs, v. HOTEL GOVERNOR CLINTON, INC. and Milton Kestenberg, Meyer A. Shatz and Jules Leiblich, Defendants.

United States District Court S. D. New York.

On Reargument March 19, 1968.

Attorney(s) appearing for the Case

Rosenman, Colin, Kaye, Petschek, Freund & Emil, New York City, for defendant Kestenberg; Gerald Walpin, Joseph Zuckerman, New York City, of counsel.

Fink, Weinberger & Levin, New York City, for plaintiffs Henry A. Weinstein, Daniel S. Berman, Sheldon Schwartz, New York City, of counsel.

MEMORANDUM

FREDERICK van PELT BRYAN, District Judge:

Defendant Kestenberg moves pursuant to Rules 12(b) (6) and 23, F.R.Civ.P., to dismiss this suit as a class action upon the ground that this is not an appropriate case for the maintenance of a class action. The two other individual defendants have joined in the motion.

A previous motion to dismiss as a class action on the same ground, made by these three defendants, was denied by Judge Palmieri...

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