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HOFF v. SPRAYREGEN

No. 69 Civ. 4717.

339 F.Supp. 369 (1971)

Albert HOFF and Karen L. Hoff, Plaintiffs, v. Gerald SPRAYREGEN et al., Defendants.

United States District Court, S. D. New York.

Supplemental Memorandum November 17, 1971.

Attorney(s) appearing for the Case

Wolf, Popper, Ross, Wolf & Jones, New York City, for plaintiffs.

Marshall, Bratter, Greene, Allison & Tucker, New York City, for defendants Lawrence Hurwitz and Sprayregen & Co.

Baker, Nelson, Williams & Mitchell, New York City, for defendants Edward T. Chappell, Charles Erdman, Stephen D. Fuller and Charles Katz.

MEMORANDUM

TENNEY, District Judge.

This is a motion pursuant to Rules 12(b) (1) and 12(b) (6) of the Federal Rules of Civil Procedure to dismiss the complaint herein for lack of jurisdiction over the subject matter and for failure to state a claim upon which relief can be granted.

The action is a derivative one, brought by plaintiffs as stockholders on behalf of the nominal defendant, Technical Tape, Inc. (hereinafter referred to as "Tech Tape")...

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