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LINKER & HERBERT, INC. v. MARSHALL

No. 6443.

133 F.Supp. 148 (1955)

LINKER & HERBERT, Inc., as owner of common stock certificate No. 8, and preferred stock certificate No. 8 of Del Monte, Inc., on behalf of itself and all other stockholders similarly situated, Plaintiff, v. William H. MARSHALL, W. D. Van Dyke, Jr., Edmund B. Shea, as Trustees under the will of Samuel Marshall, deceased, Lane Bryant, Inc., and Del Monte, Inc., Defendants.

United States District Court E. D. Wisconsin.

July 29, 1955.

Attorney(s) appearing for the Case

Fairchild, Charne, & Kops, Milwaukee, Wis., for plaintiff.

Shea & Hoyt, Milwaukee, Wis., for defendant.

GRUBB, District Judge.

This action is a stockholder's derivative suit brought pursuant to Rule 23 (b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. The plaintiff, a New York corporation, alleges that it is the owner of twenty-five shares of common stock and twenty-five shares of preferred stock of Del Monte, Inc., a Wisconsin corporation, which formerly was the lessee of premises located in the City of Milwaukee. The lessors and owners

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