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SMITH v. SPERLING

Civ. No. 9005.

117 F.Supp. 781 (1953)

SMITH v. SPERLING et al.

United States District Court, S. D. California, Central Division.

December 16, 1953.

Attorney(s) appearing for the Case

Herman H. Levy, Moss, Lyon & Dunn, Los Angeles, Cal., for plaintiff.

Eugene D. Williams, Harold R. Kelly, Freston & Files, Los Angeles, Cal., for defendants Harry M. Warner, Jack L. Warner and Warner Bros. Pictures, Inc.

Oliver B. Schwab, Beverly Hills, Cal., for defendant Milton Sperling and United States Pictures, Inc.

MATHES, District Judge.

Edward S. Birn, "owner of 400 shares of the capital stock of defendant Warner Bros. Pictures, Inc. * * * since August 21st, 1944," commenced this action in this court on December 15, 1948, "suing derivatively on behalf of and for the benefit of defendant Warner Bros. Pictures, Inc., and the stockholders thereof."

The complaint contains three separate claims or causes of action. The third, alleging a violation of the Sherman and Clayton...

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