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FELDMAN v. PENNROAD CORPORATION

No. 568.

60 F.Supp. 716 (1945)

FELDMAN v. PENNROAD CORPORATION.

District Court, D. Delaware.

May 11, 1945.

Attorney(s) appearing for the Case

C. Stewart Lynch, of Wilmington, Del., and Mortimer S. Gordon and Leo Brady, both of New York City, for plaintiff.

Daniel O. Hastings, of Wilmington, Del., Morris Wolf, of Philadelphia, Pa., and A. D. Vaneish, of Washington, D. C., for defendant Penroad Corporation.

H. Albert Young, of Wilmington, Del., and Archibald Palmer, of New York City, for Dickheiser and others, stockholders of Pennsylvania R. Co.

Joseph B. Keenan, of Washington, D. C., amicus curiae.

BARD, District Judge.

This is a motion to dismiss the complaint under Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. Plaintiff, a stockholder of defendant corporation, brought this suit (1) to enjoin respondent from negotiating or consummating a settlement and release of claims with Pennsylvania Railroad Company, and (2) to obtain the appointment of a receiver for respondent corporation in order to prosecute all claims in its...

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