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BENEFICIAL INDUSTRIAL LOAN CORP. v. SMITH

Nos. 9558, 9567.

170 F.2d 44 (1948)

BENEFICIAL INDUSTRIAL LOAN CORPORATION (COHEN, et al., Interveners) v. SMITH, Judge. COHEN (COHEN, Intervener) v. BENEFICIAL INDUSTRIAL LOAN CORPORATION et al.

United States Court of Appeals Third Circuit.

Decided September 22, 1948.

Attorney(s) appearing for the Case

John M. Harlan, of New York City (Emerson, Emery & Danzig and Charles Danzig, all of Newark, N. J., and Root, Ballantine, Harlan, Bushby & Palmer, and Wilkie Bushby, all of New York City, on the brief), for petitioner.

Edward J. O'Mara, of Jersey City, N. J. (O'Mara, Conway & Schumann [formerly Wall, Haight, Carey & Hartpence] of Jersey City, N. J., on the brief), for plaintiff-respondent.

Charles Hershenstein, of Jersey City, N. J., for intervener-respondent.

Before BIGGS, Chief Judge, and O'CONNELL and KALODNER, Circuit Judges.

BIGGS, Chief Judge.

Hannah Cohen, Executrix of the Estate of Sol Cohen, deceased, is the plaintiff in a stockholders' derivative suit at our No. 9567 brought on August 9, 1943 on behalf of the corporate defendant, Beneficial Industrial Loan Corporation, a Delaware corporation, against the individual defendants, O. W. Casperson and the others named in the title of this appeal, officers and directors of the corporation. David Cohen intervened on the plaintiff's side...

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