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WALNER v. FRIEDMAN

No. 75 Civ. 1894.

410 F.Supp. 29 (1975)

Robert WALNER and Wallace Walner as Trustees, for Wallace Walner, Plaintiffs, v. Benjamin FRIEDMAN et al., Defendants.

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

October 6, 1975.

Attorney(s) appearing for the Case

Ira Jay Sands and Sidney A. Florea by Sidney A. Florea, New York City, for plaintiffs.

Dickstein, Shapiro & Morin by Sidney Dickstein, New York City, for defendants Goldman, Trager, Simmons, Smith, Jaegerman, Friedman, Trivision, Hull, Barry, and Solitron.

Davis, Polk & Wardwell by Robert B. Fiske, Jr., Jon Y. Arnason and Christopher Meyer, New York City, for defendant Price Waterhouse.

D'Amato, Costello & Shea by Robert E. Meshel, and Howard Wildman, New York City, for defendant Louis Sternbach.

MEMORANDUM DECISION

BRIEANT, District Judge.

All defendants but one in this shareholders derivative action move for an order dismissing the complaint pursuant to Rules 12(b)(6) or 12(b)(1) or 9(b) and 11, F.R.Civ.P., or alternatively, for a stay against further prosecution of the action, and for costs.

Plaintiffs are shareholders of Solitron Devices, Inc. ("Solitron") a New York corporation, the stock...

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