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SMITH v. SPERLING

No. 14334.

237 F.2d 317 (1956)

Charles B. SMITH, as Special Administrator of the Estate of Edward S. Birn, Deceased, Appellant, v. Milton SPERLING, Harry M. Warner, Jack L. Warner, United States Pictures, Inc., and Warner Bros. Pictures, Inc., Appellees.

United States Court of Appeals Ninth Circuit.

Certiorari Granted October 15, 1956.

Attorney(s) appearing for the Case

Moss, Lyon & Dunn, Herman H. Levy, Los Angeles, Cal., for appellant.

Freston & Files, Eugene D. Williams, Ralph E. Lewis, Los Angeles, Cal., Oliver B. Schwab, Beverly Hills, Cal., Arthur Livingston, Hollywood, Cal., for appellees.

Before STEPHENS, FEE and CHAMBERS, Circuit Judges.

Certiorari Granted October 15, 1956. See 77 S.Ct. 98.

JAMES ALGER FEE, Circuit Judge.

This is a stockholders' derivative suit, which was brought ostensibly for the benefit of Warner Bros. Pictures, Inc., a Delaware corporation, by plaintiff Smith, as Special Administrator of the Estate of Edward S. Birn, deceased, owner of 400 shares of stock therein. The corporation was joined as a defendant with two of its directors and another Delaware corporation, United...

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