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CLAMITZ v. THATCHER MFG. CO.

No. 50, Docket 20309.

158 F.2d 687 (1947)

CLAMITZ v. THATCHER MFG. CO. et al.

Circuit Court of Appeals, Second Circuit.

January 8, 1947.

Attorney(s) appearing for the Case

Meyer Abrams, of Chicago, Ill., and Joseph Nemerov, and Maurice J. Dix, both of New York City (Shulman, Shulman and Abrams, of Chicago, Ill., of counsel), for plaintiff-appellant.

Beekman & Bogue, of New York City, and Mandeville, Buck, Teeter & Harpending, of Elmira, N. Y. (Edward K. Hanlon, of New York City, and A. H. Harpending, of Elmira, N. Y., of counsel), for appellees.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The appeal is by the plaintiff from a judgment dismissing the complaint on the merits in a derivative suit brought in 1945 by a stockholder against officers and directors of the Thatcher Manufacturing Company, a corporation organized under the laws of New York. Jurisdiction is based on diversity, the plaintiff being a resident of Illinois and the individual defendants all being residents of New York. Although the action originally was broader...

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