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IN RE E.F. HUTTON BANKING PRACTICES LITIGATION

MDL No. 649 (WK). Nos. 85 Civ. 3745, 85 Civ. 6800.

634 F.Supp. 265 (1986)

In re E.F. HUTTON BANKING PRACTICES LITIGATION. This Document Relates to: 85 Civ. 3745 (Strougo, et al.), 85 Civ. 6800 (Johnson).

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

May 2, 1986.

Attorney(s) appearing for the Case

Sherrie R. Savett, Robert P. Frutkin, Susan Schneider Thomas, Berger & Montague, P.C., Philadelphia, Pa., Jules Brody, Stull, Stull & Brody, New York City, for plaintiffs.

I. Walton Bader, Bader & Bader, White Plains, N.Y., for plaintiff Johnson.

Raymond L. Falls, Jr., John R. Vaughan, Patricia Farren, Cahill, Gordon & Reindel, New York City, for defendants E.F. Hutton Group, Inc.

MEMORANDUM & ORDER

WHITMAN KNAPP, District Judge.

Defendants, officers and directors of E.F. Hutton move, pursuant to Fed.R. Civ.P. 23.1, to dismiss the amended consolidated derivative complaint in Strougo for failure to make a demand on the Board of Directors and to dismiss the complaint in Johnson for insufficiency of the demand. Plaintiffs argue that the demand requirement in both cases should be excused because making such a demand...

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