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LEVY v. WHIPPLE

10 Misc.2d 752 (1958)

Herbert Levy, Plaintiff, v. J. N. Whipple et al., Defendants. Suzanne L. Adler, on Behalf of Herself and All of the Stockholders of Williams-McWilliams Industries, Inc., Similarly Situated, Plaintiff, v. David Adler et al., Defendants. Murray Handman, Plaintiff, v. Wilfred C. Allan et al., Defendants. W. Horace Williams, Jr., et al., as Directors of Williams McWilliams Industries, Inc., Plaintiffs, v. Sinclair Robinson et al., Defendants.

Supreme Court, Special Term, New York County.

March 14, 1958.

Attorney(s) appearing for the Case

Kaufman, Taylor & Kimel for Suzanne L. Adler, plaintiff.

Morton Mondschein for Murray Handman, plaintiff.

A. Edward Masters for W. Horace Williams, Jr., and others, plaintiffs.

Joseph A. Tracy for Robinson-Hobbs & Co., Inc., defendant.

Davis Polk Wardwell Sunderland & Kiendl for Sinclair Robinson and others, defendants.

Markewich, Rosenhaus & Becks for Alfred A. Strelsin and another, defendants in all actions and for Hugh J. Casey, defendant, in the Adler action.

Carter, Ledyard & Milburn for Richard H. Robinson, defendant, in the Adler action.

White & Case for Eberhard P. Deutsch, defendant, in the Adler action.

Koenig & Bachner for Charles Wohlstetter, defendant, in the Adler action.

Kenneth B. Ray for Edgar H. Reddington, Jr., and others, defendants.

Bleakley Platt Gilchrist & Walker for Williams-McWilliams Industries, Inc., defendant.

Martin Horwitz for Herbert Levy, plaintiff.

HENRY CLAY GREENBERG, J.

Various examinations before trial are pending in a consolidated stockholders' derivative action (hereinafter referred to as "stockholders' action") and in an action commenced by four directors of the corporations involved (hereinafter referred to as "directors' action"), who are also defendants in the stockholders' action.

It is clear that there is a distinct attempt by the stockholders...

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