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ELKINS v. BRICKER

147 F.Supp. 609 (1956)

Louis ELKINS, Plaintiff, v. Mead L. BRICKER et al., Defendants.

United States District Court S. D. New York.

December 27, 1956.

Attorney(s) appearing for the Case

Milton Paulson, New York City, for plaintiff and proposed intervenors.

Cravath, Swaine & Moore, New York City, Edward Q. Carr, Jr., New York City, of counsel, for defendant Hupp Corp.

Olwine, Connelly & Chase, New York City, and Pomerantz, Levy & Haudek, New York City, John Logan O'Donnell, Leo P. Arnaboldi, Jr., New York City, of counsel, for defendants John O. Ekblom and John O. Ekblom & Co., Inc.

BRYAN, District Judge.

This is a stockholders derivative action brought in this Court under its diversity jurisdiction. Defendant Hupp Corporation, the nominal corporate defendant, moves to require plaintiff to give security for defendants' expenses and counsel fees in the action, pursuant to Section 61-b of the New York General Corporation Law, McK.Consol.Laws, c. 23. Various shareholders of defendant Hupp Corporation...

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