ADLER v. KLAWANS


172 F.Supp. 502 (1958)

Suzanne L. ADLER, on behalf of herself and all of the stockholders of Williams-McWilliams Industries, Inc., similarly situated, Plaintiff, v. W. Edward KLAWANS and Williams-McWilliams Industries, Inc., Defendants.

United States District Court S. D. New York.

Supplemental Opinion May 19, 1958.


Attorney(s) appearing for the Case

Kaufman, Imberman, Taylor & Kimmel, New York City, Stanley L. Kaufman, New York City, of counsel, for plaintiff.

White & Case, New York City, David Hartfield, Jr., New York City, of counsel, for defendant Klawans.

Bleakley, Platt, Gilchrist & Walker, New York City, for defendant Williams-McWilliams on the motion of Jan. 29, 1958.

Timen & Waters, New York City, for Williams-McWilliams on the decision of May 19, 1958.


RYAN, District Judge.

Both plaintiff and defendants move for summary judgment in this action; the corporate defendant joins plaintiff in seeking relief against the individual defendant.

Plaintiff sues to require defendant Klawans to account and pay over to the corporate defendant all profits realized by him from his purchase and sale of the corporation's common stock. The facts are not in dispute. Klawans admits on these motions that a corporation in which...

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