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HENSS v. SCHNEIDER

132 F.Supp. 64 (1955)

Donald A. HENSS and William G. Wells, individually and as stockholders of Fruehauf Trailer Company, a Michigan corporation, and on behalf of all other stockholders similarly situated and in the name and behalf of Fruehauf Trailer Company, Plaintiffs, v. C. Lawrence SCHNEIDER, Defendant.

United States District Court S. D. New York.

June 10, 1955.

Attorney(s) appearing for the Case

Markewich, Rosenhaus & Beck, New York City, for plaintiffs.

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

DIMOCK, District Judge.

This action is brought by plaintiff as a shareholder of the Fruehauf Trailer Company under section 16(b) of the Securities Exchange Act of 1934, 15 U. S.C. § 78p(b), to recover for the corporation short swing profits alleged to have been realized by defendant.

Defendant Schneider moves, pursuant to Rule 12(b), F.R.C.P., 28 U.S.C., for an order dismissing the complaint and amended complaint upon the grounds (1) that an indispensable...

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