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KLINGER v. ROSE

No. 64 Civ. 3653.

291 F.Supp. 456 (1968)

Charlotte KLINGER and Eric Klinger, Plaintiffs, v. Edward C. ROSE, Revelle W. Brown, Wm. Fulton Kutz, Howard E. Simpson, Sidney D. Koine, E. Paul Gangewere, Jervis Langdon, Jr., Watson F. Tate, Jr., Edward F. McGinley, Jr., Frank C. LaGrange, the Baltimore and Ohio Railroad Company, and Reading Company, Defendants.

United States District Court S. D. New York.

October 1, 1968.

Attorney(s) appearing for the Case

Sidney B. Silverman, by Pomerantz, Levy, Haudek & Block, New York City, Robert Block, New York City, of counsel, for plaintiffs.

Alexander & Green, New York City, Eugene Z. DuBose, New York City, of counsel, for defendant Baltimore and O. R.R. Co.

Royall, Koegel, Rogers & Wells, New York City, Charles F. Young, New York City, and Ernest R. von Starck, Philadelphia, Pa., of counsel, for defendant Reading Co.

OPINION

TYLER, District Judge.

Plaintiffs, the owners of both common and preferred stock of Reading Company ("Reading"), a common carrier, have brought this derivative action on behalf of Reading seeking treble damages from the Baltimore and Ohio Railroad Company ("B&O"), another common carrier, and from ten individual defendants who were directors of Reading at the time of the alleged misconduct. None of the individual defendants have been served. The...

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