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BOSC v. 39 BROADWAY

80 F.Supp. 825 (1948)

BOSC et al. v. 39 BROADWAY, Inc., et al.

United States District Court S. D. New York.

October 14, 1948.

Attorney(s) appearing for the Case

Kleeberg, Greenwald & Lifflander, of New York City (Jacob Greenwald, Philip G. Gross, and Daniel Blumenthal, all of New York City, of counsel), for plaintiffs.

Myron M. Behrman, of New York City, for defendant 39 Broadway, Inc.

McInnes & Gamble, of New York City (Hamilton McInnes, of New York City, of counsel), for Fred F. French Investing Co., Inc., and Fred F. French Operators, Inc.

Nathan B. Kogan, of New York City (Samuel M. Koenigsberg, of New York City, of counsel), for Bernard D. Fischman.

George E. Netter, of New York City, for Nellie Lennan.

CONGER, District Judge.

This is an application of approval of a compromise of a stockholders' derivative action. Notice of the proposed compromise pursuant to Rule 23(c), Federal Rules of Civil Procedure, 28 U.S.C.A., was given to each preferred and common stockholder of record of the company at the close of business on February 16, 1948, and hearing on the proposal was had before me on April 21, 1948.

The action was commenced on June 5, 1946, and, before...

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