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TRUNCALE v. SCULLY

No. 222, Docket 21622.

182 F.2d 1021 (1950)

Stephen TRUNCALE, suing as a stockholder in the name and in behalf of Universal Pictures Company, Inc., Plaintiff-Appellant, v. William A. SCULLY and Cllfford WORK, Defendants-Appellees and Cross-Appellants.

United States Court of Appeals Second Circuit.

Decided June 23, 1950.

Attorney(s) appearing for the Case

Millard & Greene, New York City, Milton Pollack and Richard F. Wolfson, New York City, of counsel, for plaintiff-appellant.

Phillips, Nizer, Benjamin & Krim, New York City, Louis Nizer, Daniel Glass and Paul Martinson, all of New York City, of counsel, for defendant William A. Scully, appellee and cross-appellant.

H. G. Pickering (of Mudge, Stern, Williams & Tucker), New York City, John Wallis and Robert E. Walsh, New York City, of counsel, for defendant Clifford Work, appellee and cross-appellant.

Before AUGUSTUS N. HAND, CLARK and FRANK, Circuit Judges.

PER CURIAM.

Affirmed on opinion of Rifkind, J. Truncale v. Blumberg, D.C., 88 F.Supp. 677, as to the judgment granted in favor of the defendants. The cross-appeal of the defendants from the order of Judge Medina granting summary judgment to the plaintiff, D.C., 8 F.R.D. 492, is dismissed...

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