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TANZER v. HUFFINES

No. 17505.

408 F.2d 42 (1969)

Deborah TANZER v. Robert H. HUFFINES, Jr., Edward Krock, Victor Muscat, Defiance Industries, Inc., and B. S. F. Company. B. S. F. Company, Appellant.

United States Court of Appeals Third Circuit.

Decided March 18, 1969.

Attorney(s) appearing for the Case

Bruce M. Stargatt, Young, Conaway, Stargatt & Taylor, H. Albert Young, Jack B. Jacobs, Wilmington, Del., for appellant.

Paul L. Ross, Wolf, Popper, Ross, Wolf & Jones, New York City (Cohen, Morris & Rosenthal, Wilmington, Del., Howard L. Jacobs, New York City, Irving Morris, Wilmington, Del., on the brief), for appellee.

Theodore Sonde, Securities & Exchange Commission, Washington, D. C. (Philip A. Loomis, Jr., General Counsel, Walter P. North, Associate General Counsel, Brian M. Eisenberg, Atty., Securities and Exchange Commission, Washington, D. C., on the brief), amicus curiae.

Before VAN DUSEN, ALDISERT and STAHL, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

This is an appeal from the appointment of a receiver pendente lite in a stockholder's derivative action wherein the plaintiff alleges inter alia that the individual defendants, Robert Huffines, Victor Muscat and Edward Krock, by virtue of their control of Defiance Industries, Inc., which in turn controlled B.S.F. Company, infiltrated and were able to make themselves...

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