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FULLER v. AMERICAN MACHINE & FOUNDRY CO.

95 F.Supp. 764 (1951)

FULLER et al. v. AMERICAN MACHINE & FOUNDRY CO. et al.

United States District Court S. D. New York.

February 15, 1951.

Attorney(s) appearing for the Case

Nathan B. Kogan, New York City, for plaintiffs.

Cahill, Gordon, Zachry & Reindel, New York City, for defendant International Cigar Machinery Co. By Mathias F. Correa, New York City.

McGOHEY, District Judge.

This is a stockholders' derivative action in which jurisdiction is based on diversity of citizenship. Plaintiffs are stockholders of International. They allege that American, as majority stockholder of International, has exercised its control of International to the latter's detriment. Upon motion by International and pursuant to Section 61-b of the New York General Corporation Law, McK. Consol. Laws, c.

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