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STEPHENSON v. LANDEGGER

No. 69 Civ. 3282.

337 F.Supp. 591 (1971)

Samuel F. STEPHENSON, suing on behalf of himself and all other shareholders of defendant, et al., Plaintiff, v. Karl F. LANDEGGER et al., Defendants, and The Black Clawson Company et al., Nominal Defendants.

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

October 6, 1971.

Attorney(s) appearing for the Case

Abraham K. Weber, New York City, for plaintiff.

Rosenman, Colin, Kaye, Petschek, Freund & Emil, New York City, Max Freund, Joel W. Sternman, Wachtell, Manheim & Grouf, Meyer Grouf, New York City, of counsel, for defendants.

TENNEY, District Judge.

This is a motion pursuant to Rule 25 of the Fed.R.Civ.P. for substitution of certain executors and trustees as parties plaintiff by reason of the death of the named plaintiff in this stockholders' derivative suit. As will appear clear, some narrative by way of background is necessary.

This action was commenced by the filing of the complaint herein on July 25, 1969, the summons and complaint being served on July 29, 1969 only upon the...

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