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MacALISTER v. GUTERMA

Nos. 122-124, Docket 25265-25267.

263 F.2d 65 (1958)

Alexander G. MacALISTER et al., Plaintiffs-Appellees, v. Alexander L. GUTERMA et al., Defendants, and The Bon Ami Company, Defendant-Appellant. Samuel GREENBERG, Plaintiff-Appellee, v. Alexander L. GUTERMA et al., Defendants, and The Bon Ami Company, Defendant-Appellant. Anne J. MATHES, Plaintiff-Appellee, v. Nathan CUMMINGS et al., Defendants, and The Bon Ami Company, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 30, 1958.

Attorney(s) appearing for the Case

Pomerantz, Levy & Haudek, New York City (Julius Levy, Abraham L. Pomerantz and Irving Bizar, New York City, on the brief), for defendants-appellants.

Ralph Montgomery Arkush, New York City (Lewis M. Dabney, Jr. New York City, on the brief), for plaintiffs-appellees.

Weinstein & Levinson, New York City (Frank Weinstein and Herbert Cheyette, New York City, on the brief), for defendant United Dye & Chemical Corp.

Before SWAN and MOORE, Circuit Judges, and KAUFMAN, District Judge.

KAUFMAN, District Judge.

This is an appeal brought by The Bon Ami Company, defendant below, from an order of Judge Cashin denying (a) pre-trial consolidation of three stockholders' derivative actions under a consolidated complaint; (b) the appointment of general counsel for the consolidated plaintiffs and (c) an injunction restraining other stockholders from commencing further suits in the federal court on the same causes of action.

The three actions now before...

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