ALSTER v. BRITISH TYPE INVESTORS


83 F.Supp. 949 (1949)

ALSTER v. BRITISH TYPE INVESTORS, Inc., et al.

United States District Court S. D. New York.

March 25, 1949.


Attorney(s) appearing for the Case

William Rosenfeld and Benjamin Davidson, both of New York City (Abraham Marcus, of New York City, of counsel), for plaintiff.

Spence, Hotchkiss, Parker & Duryee, of New York City (Kenneth M. Spence and Julius J. Teller, both of New York City, and Thomas L. Howe, of White Plains, N. Y., of counsel), for defendants British Type Investors, Inc., Allied International Investing Corp. Scottish Type Investors, Inc., and Empire American Securities Corp.

Alexander & Green, of New York City (Clyde W. Sorrell and Eugene Z. DuBose, both of New York City, of counsel), for defendant Automatic Products Corp.


RIFKIND, District Judge.

This stockholder's derivative suit arises out of the same transaction which formed the subject of Upson v. Otis, 2 Cir., 1946, 155 F.2d 606; Marcus v. Otis, 2 Cir., 1948, 168 F.2d 649; Id., 2 Cir., S.D.N.Y., 169 F.2d 148. The action is by a stockholder of Automatic Products Corporation (Automatic), for the benefit of Automatic, against four...

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