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MURPHY v. NORTH AMERICAN LIGHT & POWER CO.

Nos. 281, 282.

106 F.2d 74 (1939)

MURPHY v. NORTH AMERICAN LIGHT & POWER CO. et al. WALTERS et al. v. SAME.

Circuit Court of Appeals, Second Circuit.

July 26, 1939.

Attorney(s) appearing for the Case

Edward H. Green, John Foster Dulles, and John C. Bruton, Jr., all of New York City (Sullivan & Cromwell, of New York City, of counsel), for appellant North American Co.

William M. Dederick, of New York City (William M. Dederick, Max Berkow, Louis Braun, and Edward B. Margolies, all of New York City, of counsel), for appellee John H. Murphy.

Lawrence R. Condon, of New York City (Lawrence R. Condon, Robert T. Woodruff, and Leroy E. Rodman, all of New York City, of counsel), for appellees John W. Walters et al.

Before SWAN, AUGUSTUS N. HAND, and PATTERSON, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The above suits were consolidated and heard by the District Court on an agreed statement of facts and resulted in identical decrees against the defendant. They were suits by preferred stockholders of Power Company asserting by derivation alleged rights of that company against North American under a contract dated March 27, 1931.

The Power Company is a public utility holding company organized under the laws of Delaware and at...

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