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MERMELSTEIN v. THERMOID CO.

No. 5564.

85 F.2d 913 (1936)

MERMELSTEIN v. THERMOID CO.

Circuit Court of Appeals, Third Circuit.

September 23, 1936.

Attorney(s) appearing for the Case

Milton E. Mermelstein, of New York City (Eugene Untermyer and Harry Hoffman, both of New York City, of counsel), for appellant.

Katzenbach, Gildea & Rudner, of Trenton, N. J. (Louis Rudner, of Trenton, N. J., of counsel), for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the court below Milton E. Mermelstein, owner of twelve five-year 6 per cent. sinking fund gold notes issued by the Thermoid Company, brought suit against such company to recover such matured bonds. Thereupon the latter moved to dismiss on the ground that plaintiff had no individual cause of action, but was bound by the provision that the individual bondholders had no right of action until the...

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