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PETERSEN v. FEDERATED DEVELOPMENT COMPANY

No. 73 Civ. 5465.

387 F.Supp. 355 (1974)

Hugh G. PETERSEN, Jr., Individually, on behalf of all shareholders of Federated Development Company similarly situated and derivatively on behalf of Federated Development Company, Plaintiff, v. FEDERATED DEVELOPMENT COMPANY et al., Defendants.

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

November 26, 1974.

Attorney(s) appearing for the Case

Windels & Marx, New York City, for plaintiff; Francis E. Koch, Paul Windels, Jr., Andrew N. Grass, Jr., Richard S. Perles, New York City, of counsel.

Wender, Murase & White, New York City, for Federated Development Co.; J. Portis Hicks, Peter A. Dankin, Andrew Berger, New York City, of counsel.

Marshall, Bratter, Greene, Allison & Tucker, New York City, for defendant SMR Holding Corp.; James M. Bergen, Allen H. Brill, New York City, of counsel.

Cahill Gordon & Reindel, New York City, for the individual defendants; Kenneth W. Orce, Floyd Abrams, Richard I. Miller, New York City, of counsel.

MEMORANDUM

BONSAL, District Judge.

The individual defendants and defendant SMR Holding Corporation ("SMR") moved pursuant to F.R.Civ.P. 12(c) for an order dismissing the amended complaint and granting judgment on the pleadings in their favor. Plaintiff moved for leave to file a second amended complaint. At argument on September 9, 1974, plaintiff's motion for leave to file a second amended complaint was granted, and it was agreed that defendants' motion...

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