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FISTEL v. CHRISTMAN

133 F.Supp. 300 (1955)

Abraham L. FISTEL, a stockholder of Follansbee Steel Corporation, suing on behalf of himself and all other stockholders similarly situated and on behalf of and in the right of Follansbee Steel Corporation, Plaintiff, v. C. E. CHRISTMAN and Follansbee Steel Corporation, Defendants.

United States District Court S. D. New York.

July 5, 1955.

Attorney(s) appearing for the Case

Morris J. Levy, New York City, for plaintiff.

Lotterman & Tepper, New York City, for defendant C. E. Christman. Joseph Lotterman and Ralph R. Weiser, New York City, of counsel.

Kelley, Drye, Newhall & Maginnes, New York City, for defendant Follansbee Steel Corp. W. F. Knecht, New York City, of counsel.

Netter & Netter, New York City, for M. Bolt, a stockholder. Edward Rothenberg, New York City, of counsel.

PALMIERI, District Judge.

This is an application by plaintiff pursuant to Rule 23(c) of the Federal Rules of Civil Procedure for court approval of a proposed dismissal of an action brought under section 16(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78p (b). Plaintiff, a stockholder of the Follansbee Steel Corporation, instituted this action to recover alleged profits that he claims defendant Christman realized as a result of a "short-swing" transaction...

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