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POPKIN v. DINGMAN

No. 72 Civ. 1232.

366 F.Supp. 534 (1973)

Irwin POPKIN, Plaintiff, v. Michael D. DINGMAN et al., Defendants.

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

October 25, 1973.

Attorney(s) appearing for the Case

Rubin, Wachtel, Baum & Levine, New York City, for plaintiff; Martin A. Coleman, New York City, of counsel.

Paul Weiss, Rifkind, Wharton & Garrison, New York City, for defendants Dingman and Halliday; Simon Rifkind and Paul J. Newlon, New York City, of counsel.

Debevoise, Plimpton, Lyons & Gates, New York City, for defendant Wheelabrator-Frye; Robert von Mehren, and Paul E. Konney, New York City, of counsel.

ROBERT L. CARTER, District Judge.

OPINION

This is an action arising under § 16(b) of the Securities Exchange Act of 1934 (the "Act"), 15 U.S.C. § 78p(b). Jurisdiction rests under § 27 of the Act, 15 U.S.C. § 78aa.

Plaintiff sues on his own behalf, on behalf of all stockholders of Wheelabrator-Frye, Inc. similary situated, and on behalf of and in the right of the corporation itself...

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