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KRESBERG v. INTERNATIONAL PAPER CO.

No. 271.

149 F.2d 911 (1945)

KRESBERG v. INTERNATIONAL PAPER CO.

Circuit Court of Appeals, Second Circuit.

June 11, 1945.

Attorney(s) appearing for the Case

Joseph Nemerov, of New York City (Edward A. Rothenberg, Aaron Schwartz, Herman Lurie, and Isidore Siegeltuch, all of New York City, of counsel), for plaintiff-appellant.

Davis, Polk, Wardwell, Sunderland & Kiendl, of New York City (Ralph M. Carson and Francis W. Phillips, both of New York City, of counsel), for defendant-appellee.

Before SWAN, CHASE and FRANK, Circuit Judges.

CHASE, Circuit Judge.

The appeal is by the plaintiff from an order dismissing her complaint in a suit she brought in the District Court for the Southern District of New York to recover from the defendant the principal and interest due on five one thousand dollar six per cent debenture bonds issued by the International Hydro-Electric System. The suit was brought in behalf of herself and of others similarly situated, Rule 23(a) (3), Federal Rules of Civil Procedure...

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