SMOLOWE v. DELENDO CORPORATION


36 F.Supp. 790 (1940)

SMOLOWE v. DELENDO CORPORATION et al. (UNITED STATES, Intervener).

District Court, S. D. New York.

December 26, 1940.


Attorney(s) appearing for the Case

Arthur J. Sleppin, of New York City, for plaintiff.

Jay Leo Rothschild, of New York City, for defendants.

John T. Cahill, U. S. Atty., of New York City, Francis M. Shea, Asst. Atty. Gen., and Sidney J. Kaplan and Chester T. Lane, Sp. Assts. to Atty. Gen., for the United States.


MANDELBAUM, District Judge.

The United States applies for an order of intervention in this action, pursuant to 28 U.S.C.A. § 401, and Rule 24 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. The defendants oppose the motion, whereas the plaintiff takes no position, stating that he is entirely satisfied to abide by whatever decision this court may make.

The action is brought by a stockholder on behalf of the defendant corporation...

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