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ROSENFELD v. FAIRCHILD ENGINE & AIRPLANE CORP.

284 A.D. 201 (1954)

William Rosenfeld, on Behalf of Himself and All Other Stockholders of Fairchild Engine and Airplane Corporation, Similarly Situated, Appellant, v. Fairchild Engine and Airplane Corporation et al., Respondents, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 24, 1954.

Attorney(s) appearing for the Case

Abraham Marcus, Alan J. Stein and William Rosenfeld, in person, for William Rosenfeld, appellant.

Jacquelin A. Swords and William K. Zinke for Sherman M. Fairchild, respondent.

Harold R. Medina, Jr., for Webb Wilson and another, respondents.

Samuel J. Silverman and Jay H. Topkis for James A. Allis, respondent.

WENZEL, Acting P. J., MacCRATE, SCHMIDT and BELDOCK, JJ., concur.

MURPHY, J.

This is a stockholders' derivative action to recover from past and present directors of the Fairchild Engine and Airplane Corporation moneys paid by the corporation to defray expenses of rival slates of candidates for election as its directors. The plaintiff is a lawyer, who, with his attorney in this action, has collaborated in many suits of this character. The plaintiff

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