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CERTAIN-TEED PRODUCTS CORPORATION v. TOPPING

No. 38, Docket 21031.

171 F.2d 241 (1948)

CERTAIN-TEED PRODUCTS CORPORATION v. TOPPING.

United States Court of Appeals Second Circuit.

December 8, 1948.

Attorney(s) appearing for the Case

Samuel Becker, of New York City (Becker, Berman & Odell and Victor Brudney, all of New York City, on the brief), for plaintiff-appellant.

Aaron Schwartz, of New York City (Joseph Nemerov, Isidore Siegeltuch, and Herman I. Lurie, all of New York City, on the brief), for defendant-appellee.

Before L. HAND, Chief Judge, and AUGUSTUS N. HAND and CLARK, Circuit Judges.

CLARK, Circuit Judge.

Plaintiff-appellant has sued for an accounting and the recovery of a sum paid by its former president, George M. Brown, in settlement of a shareholder's derivative action brought by defendant against him in the United States District Court for the District of Rhode Island. Brown paid the sum directly to defendant's attorneys, as attorneys' fees, after he had obtained a summary judgment in that action on consent of defendant — there the...

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