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MARATHON ENTERPRISES v. FEINBERG

No. 83 Civ. 8533.

595 F.Supp. 368 (1984)

MARATHON ENTERPRISES, INC., Plaintiff, v. Irving FEINBERG, Samuel Mittlemark, and John "Doe", as Executor for the Estate of Louis Mittelmark, Defendants.

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

July 3, 1984.

Attorney(s) appearing for the Case

Baer Marks & Upham, New York City (Eugene R. Scheiman and Allan Dinkoff, New York City, of counsel), for plaintiff.

MEMORANDUM AND ORDER

CANNELLA, Senior District Judge.

Defendants' motion for summary judgment is granted. Fed.R.Civ.P. 56(b).

FACTS

On August 20, 1970, defendants transferred to plaintiff all outstanding shares of their wholly-owned corporation, Concourse Provision Company ["Concourse Provision"], in return for plaintiff's limited shares. Thereafter, Concourse Provision became a division of...

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