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FIELDING v. ALLEN

No. 172, Docket 21567.

181 F.2d 163 (1950)

FIELDING et al. v. ALLEN et al.

United States Court of Appeals Second Circuit.

Decided April 12, 1950.

Attorney(s) appearing for the Case

Hays, Podell, Algase & Feuer, New York City, Mortimer Hays and Mortimer Feuer, New York City, of counsel, attorneys for appellants.

Whitman, Ransom, Coulson & Goetz, New York City, Richard Joyce Smith, Henry S. Reeder and Bernard L. Sanoff, New York City, of counsel, attorneys for Ogden Corporation, appellee.

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

SWAN, Circuit Judge.

This action is a consolidation of two derivative stockholder's actions brought by Bennett I. Fielding and Frances Barretta, respectively, on behalf of themselves and all other stockholders of Ogden Corporation, against numerous defendants, including directors and officers of Ogden Corporation, to set aside a sale of corporate assets and to obtain an accounting from the defendants. The order of consolidation directed that the complaint in the Fielding...

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