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GRUBER v. CHESAPEAKE & OHIO RAILWAY CO.

Civ. A. No. 30870.

158 F.Supp. 593 (1958)

Irving M. GRUBER and Leonora S. Gruber, Plaintiffs, v. The CHESAPEAKE & OHIO RAILWAY CO. et al., Defendants.

United States District Court N. D. Ohio, E. D.

Motion to Dismiss Appeal Granted February 12, 1958.

Attorney(s) appearing for the Case

Jules Eshner (of Davies, Eshner, Johnson & Miller), Cleveland, Ohio, for plaintiffs.

Donald W. Hornbeck, J. H. Ritter and Richard Ogline (of Hornbeck, Ritter & Victory), Cleveland, Ohio, for Chesapeake & O. Ry. Co.

Robert J. Buckley and James A. Butler (of Bulkley, Butler & Rini), Cleveland, Ohio, for Robert J. Bowman, Robert J. Bulkley, Cyrus S. Eaton, Herbert Fitzpatrick and Walter J. Tuohy.

Carl M. Jacobs and Francis L. Dale (of Frost & Jacobs), Cincinnati, Ohio, for C. R. Hook, Jr.

CONNELL, District Judge.

Plaintiffs are joint shareholders of record of the Chesapeake and Ohio Railway Company, having purchased 5 shares of its common stock on April 3, 1947 and 10 shares of its common stock on October 10, 1948.

This is a shareholder's derivative suit brought on behalf of the Chesapeake and Ohio Railway Company, hereinafter called the C & O, against the directors and an officer of the corporation who are alleged to have committed waste...

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