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HORNSTEIN v. PARAMOUNT PICTURES

22 Misc.2d 996 (1942)

Henry Hornstein et al., Suing on Behalf of Themselves and All Other Stockholders of Paramount Pictures, Inc., Plaintiffs, v. Paramount Pictures, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

June 26, 1942.

Attorney(s) appearing for the Case

Alfred J. Talley for all plaintiffs.

Alfred J. Talley and Abraham Hornstein for Henry Hornstein and another, plaintiffs.

Philip G. Gross for Kaufman, plaintiff.

M. Frederick and B. L. Schwarz for Greenberg, plaintiff.

Lowell & Sand (W. W. Lowell of counsel), for Aronow, plaintiff.

Israel Beckhardt for Max M. Guttman, plaintiff.

Simpson Thacher & Bartlett (L. Connick and A. C. Bickford of counsel), for Paramount Pictures, Inc., defendant.

Callaghan, Stout & Nova (S. Callaghan and T. A. Gaffney of counsel), for Neil F. Agnew and others, defendants.

Shearman & Sterling (L. Kissel of counsel), for Percy H. Johnson, defendant.

Phillips, Nizer, Benjamin & Krim (L. Nizer of counsel), for Austin C. Keough, defendant.

Cravath De Gersdorf Swaine & Wood (Bruce Bromley and G. S. Collins of counsel), for Henry R. Luce, defendant.

Hurd, Hamlin & Hubbell (V. W. Farley of counsel), for Otterson, defendant.

Larkin, Rathbone & Perry (F. S. Bensel and W. F. Knecht of counsel), for William S. Gray, Jr., defendant.

CARROLL G. WALTER, J.

Certain stockholders of Paramount Pictures, Inc., a New York corporation, here seek to compel its directors to account for and restore to it $100,000 paid out of its funds between May 29, 1936, and January 29, 1938, to two labor union officials. Plaintiffs contend that the money was a bribe paid to such labor union officials (Penal Law, § 380). Defendants say that it was extorted and...

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