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YAEGER v. MONCRIEFF

5 Misc.2d 970 (1956)

Louis Yaeger, on His Own Behalf and in Behalf of All Other Stockholders of Swan-Finch Oil Corporation Similarly Situated, and in the Right of Swan-Finch Oil Corporation, Plaintiff, v. Howard F. Moncrieff et al., Defendants.

Supreme Court, Special Term, New York County.

July 30, 1956.

Attorney(s) appearing for the Case

Benjamin Wm. Mehlman for Edward G. Brown, defendant.

Perkins, Daniels & Perkins for Swan-Finch Oil Corporation, defendant.

Augenblick, Emmet, Frost, Evarts & Hecker for Howard F. Moncrieff, defendant.

Abraham M. Glickman and Samuel H. Levinkind for Lowell M. Birrell and others, defendants.

Abraham K. Weber for plaintiff.

MATTHEW M. LEVY, J.

These four motions, brought on by the respective defendants, seek to vacate the plaintiff's notice to examine the defendants before trial. Because of the nature of the action and the similarity of the attacks on the notice of examination, and for the purpose of convenience and clarity, the motions will be consolidated and thus determined.

This is a stockholder's derivative suit, brought...

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