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HENSS v. SCHNEIDER

132 F.Supp. 60 (1955)

Donald A. HENSS and William G. Wells, individually and as stockholders of Fruehauf Trailer Corp., and on behalf of all other stockholders similarly situated, and in the name and behalf of Fruehauf Trailer Corp., Plaintiffs, v. C. L. SCHNEIDER and Fruehauf Trailer Corp., Defendants.

United States District Court S. D. New York.

May 12, 1955.

Attorney(s) appearing for the Case

Markewich, Rosenhaus & Beck, New York City, Robert Markewich, Samuel Beck, New York City, of counsel, for plaintiffs.

Seligson, Morris & Neuburger, New York City, Charles Seligson, David Sive, New York City, of counsel, for defendant Fruehauf Trailer Corp.

WEINFELD, District Judge.

This is a motion by the corporate defendant, Fruehauf Trailer Company, to dismiss the complaint pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., for failure to state a claim upon which relief can be granted.1

The action is brought by the plaintiffs as stockholders of the Fruehauf Trailer Company under § 16(b) of the Securities...

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