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HOWARD v. FURST

140 F.Supp. 507 (1956)

Norman HOWARD, on behalf of himself and other Stockholders of Circle Wire & Cable Corporation, Plaintiff, v. Sol FURST, Max B. Cohn, Isadore J. Furst, Sol Cohn, Richard C. Noel, Mortimer Hays, F. Dewey Everett, Cerro de Pasco Corporation, and Circle Wire & Cable Corporation, Defendants.

United States District Court S. D. New York.

March 31, 1956.

Attorney(s) appearing for the Case

Lewis M. Dabney, Jr., New York City, for plaintiff.

Hays, Podell, Algase, Crum & Feuer, New York City, for defendants, Sol Furst and others, Mortimer Hays, Mortimer Feuer, Martin Mensch, New York City, of counsel.

Milbank, Tweed, Hope & Hadley, New York City, for defendant F. Dewey Everett, A. Donald MacKinnon, New York City, of counsel.

Alexander & Green, New York City, for defendant Cerro de Pasco Corp., Donald M. Dunn, William R. McDermott, J. Kenneth Campbell, New York City, of counsel.

WALSH, District Judge.

The defendants have moved to dismiss the action for lack of jurisdiction over the subject matter. Their motions are granted.

This is a derivative action brought by plaintiff in behalf of Circle Wire & Cable Corporation. The defendants are directors of Circle, the corporation itself, and the Cerro de Pasco Corporation. All of the parties are citizens of New York. The jurisdiction of this court is invoked under Section 27 of the Securities...

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