GUTH v. GROVES


44 F.Supp. 851 (1942)

GUTH v. GROVES et al.

District Court, S. D. New York.

March 18, 1942.


Attorney(s) appearing for the Case

Sydney A. Syme, of White Plains, N. Y., and Thomas H. Matters, Jr., and Donald Horne, both of New York City, for plaintiff.

Dorsey, Adams & Walker, of New York City (F. W. H. Adams, Abraham N. Geller, and Robert B. Block, all of New York City, of counsel), for defendant Wallace Groves.

Cravath, de Gersdorff, Swaine & Wood, of New York City, for defendants Walter S. Mack, Jr., Edward A. LeRoy, Jr., W. W. Colpitts and John A. Stevenson.

White & Case, of New York City, for defendant Albert E. Winger.

O'Connor & Farber, of New York City (John C. Farber and Arnold T. Koch, both of New York City, of counsel), for defendant Phoenix Securities Corporation.


BRIGHT, District Judge.

Plaintiff, a stockholder since 1936 of fifty shares of the common stock of the defendant Phoenix Securities Corporation, an investment trust, in behalf of himself and other like stockholders, seeks an injunction and receiver pendente lite. His action is a derivative one. The allegations of his complaint, practically all of which are upon information and belief, in so far as they seek relief, may be divided into six subdivisions, as to all of...

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