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MOTTOLESE v. PRESTON

Docket No. 21244.

172 F.2d 308 (1949)

MOTTOLESE v. PRESTON et al.

United States Court of Appeals Second Circuit.

January 20, 1949.

Attorney(s) appearing for the Case

Sullivan & Cromwell, of New York City (E. H. Sykes and John G. Dorsey, both of New York City, of counsel), for the motion.

Delson, Levin & Gordon, of New York City (Harold F. Levin, Edward Marks and Norman Moloshok, all of New York City, of counsel), opposed.

Before L. HAND, Chief Judge, and SWAN and CHASE, Circuit Judges.

PER CURIAM.

This is a motion to dismiss an appeal from an order which stayed any further proceedings in the action at bar, pending the determination of an action in the Supreme Court of New York. The action at bar is by a shareholder of the San-Nap-Pak Mfg. Co., Inc., on behalf of herself and all other shareholders and in the right of their company, against the company's directors and their confederates for dereliction in the discharge of the directors' duties. It...

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