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COHEN v. YOUNG

No. 8861.

127 F.2d 721 (1942)

COHEN v. YOUNG et al.

Circuit Court of Appeals, Sixth Circuit.

April 14, 1942.

Attorney(s) appearing for the Case

Meyer Abrams, of Chicago, Ill. (Harris W. Wienner, of Detroit, Mich., on the brief), for appellant.

Grant L. Cook and Charles A. Wagner, both of Detroit, Mich., for appellees.

Cook, Smith, Jacobs & Beake, of Detroit, Mich., on the brief, for appellee Leonard A. Young and others.

Miller, Canifeld, Paddock & Stone, of Detroit, Mich., on the brief, for appellee United States Steel Corporation and another.

Butzel, Eaman, Long, Gust & Bills, of Detroit, Mich., on the brief, for appellee Isaac C. Forcheimer.

Robert S. Marx, Lawrence I. Levi, and Carl Runge, all of Detroit, Mich., on the brief, for appellee Lucille K. Levy and others.

Before ALLEN, MARTIN, and McALLISTER, Circuit Judges.

ALLEN, Circuit Judge.

Two questions are presented by this appeal:

(1) Whether a stockholder objecting to the compromise of a corporate cause of action in a derivative suit brought by other stockholders is entitled to participate in the action without being joined as a party plaintiff and has the right to introduce evidence in support of his objections; and

(2) Whether in a class action approval by the court upon the sole ground that it is recommended...

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