WILE v. BURNS BROS.


2 F.Supp. 950 (1932)

WILE et al. v. BURNS BROS. et al.

District Court, S. D. New York.

December 23, 1932.


Attorney(s) appearing for the Case

Herman H. Oppenheimer, of New York City (Leonard B. Zeisler, of New York City, of counsel), for plaintiffs.

White & Case, of New York City, for defendants Burns Bros., Huber, Holley and Swayne.

Breed, Abbott & Morgan, of New York City, for defendant Payne.

Scudder, McCoun, Stockton & Kerfoot, of New York City, for defendant Perry.

Edward Weinfeld, of New York City, for defendants Sanders A. Wertheim and Emma Moloney.


COXE, District Judge.

This is a motion by the plaintiffs to remand to the state court.

The action is a stockholders' derivative suit brought by three stockholders of Burns Bros., a New Jersey corporation, against the corporation itself, and twenty-seven individual defendants, described as past and present directors and officers, for an accounting and damages. The complaint is voluminous, and it is unnecessary to summarize its various provisions. It will be...

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