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FRANKEL v. SLOTKIN

No. 85-CV-3385.

705 F.Supp. 105 (1989)

Eli FRANKEL, Plaintiff, v. Donald SLOTKIN, Carl H. Lindner, Louis A. Guzzetti, Jr., Keith E. Lindner, S. Craig Lindner, David H. Lubetzky, Jean H. Sisco, Ronald F. Walker, Jay Wells, American Financial Corporation, FMI Financial Corporation, and United Brands Company, Defendants.

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

January 18, 1989.

Attorney(s) appearing for the Case

Kaufman Malchman Kaufmann & Kirby, New York City, for plaintiff.

Kaye Scholer Fierman Hayes & Handler, New York City, for defendants.

MEMORANDUM OF DECISION AND ORDER

COSTANTINO, District Judge.

Plaintiff brings this derivative action on behalf of United Brands Company ("UB"). The defendants have moved to dismiss the plaintiff's amended complaint pursuant to Rules 9(b), 12(b)(6), and 23.1 of the Federal Rules of Civil Procedure. Alternatively, the defendants request that the plaintiff be required to post a bond pursuant to New York Business Corporation Law § 627. Plaintiff cross-moves...

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