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NORTE & COMPANY v. HUFFINES

No. 62 Civ. 3390.

304 F.Supp. 1096 (1968)

NORTE & COMPANY, Plaintiff, v. R. L. HUFFINES, Jr., Victor Muscat, L. F. Serrick, Alfred O'Gara, Edward Krock and Defiance Industries, Inc., Defendants.

United States District Court S. D. New York.

May 15, 1968.

Attorney(s) appearing for the Case

Milton Paulson, New York City, for plaintiff.

Saxe, Bacon & O'Shea, New York City, for defendants Victor Muscat and R. L. Huffines, Jr.

Hugh P. Mullen, New York City, for defendant Defiance Industries, Inc.

MANSFIELD, District Judge.

This is a consolidated derivative stockholders' suit brought on behalf of Defiance Industries, Inc. ("Defiance" herein), an Ohio corporation formerly named The Serrick Corporation, against certain of its directors for damages for breach of fiduciary duty (first two causes of action) and for violation of § 10 (b) and § 14 of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78j(b) and 78n, and S.E.C. Rule 10b-5 thereunder...

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