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SPIELBERGER v. TEXTRON INCORPORATED

No. 80, Docket 21113.

172 F.2d 85 (1949)

SPIELBERGER v. TEXTRON INCORPORATED et al.

United States Court of Appeals Second Circuit.

Decided January 14, 1949.

Attorney(s) appearing for the Case

Bijur & Herts, of New York City, for plaintiff-appellant.

Spence, Hotchkiss, Parker & Duryee, of New York City (James H. Halpin and Franklin E. Parker, Jr., both of New York City, and Robert J. Glasser, of Bethpage, L. I., N. Y., of counsel), for defendant-appellee.

Before SWAN, CHASE, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

The appellant, a resident of New York and a stockholder of the appellee Textron Incorporated, which is a corporation organized under the laws of Rhode Island, brought a derivative stockholders' action against the corporation and its President, Royal Little, a resident of Rhode Island, in the United States District Court for the Southern District of New York. The summons was served in New York upon Robert E. Thurber, the secretary of the corporation...

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