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NOVICH v. ROJTMAN

5 Misc.2d 1029 (1957)

Nathan Novich et al., on Behalf of Themselves and All Other Stockholders of J. I. Case Company Similarly Situated, Plaintiffs, v. M. B. Rojtman et al., Defendants.

Supreme Court, Special Term, New York County.

May 6, 1957.

Attorney(s) appearing for the Case

Davis, Polk, Wardwell, Sunderland & Kiendl for defendants.

Martin Horwitz for plaintiffs.

SAMUEL H. HOFSTADTER, J.

Two defendants move to strike the amended complaint as not properly served or, in the alternative, to dismiss the amended complaint on the ground that the court has not jurisdiction of the subject of the action or, in the alternative, to dismiss the amended complaint in the exercise of discretion, on the ground that the cause of action asserted concerns the internal management and affairs...

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