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FINLEY v. DOYLE

178 F.Supp. 863 (1959)

Charles O. FINLEY and Henry Metz, Jr., as directors of Canadian Javelin Limited, suing on behalf of that corporation, Plaintiffs, v. John Christopher DOYLE, Harold LeBrock, Thomas E. Bradley, John Gaido, Maurice Lachmann, Joseph M. McDaniel, Jr., Joseph Scialabba, Roy A. Young, and Canadian Javelin Limited, Defendants.

United States District Court S. D. New York.

November 27, 1959.

Attorney(s) appearing for the Case

Rosenman, Goldmark, Colin & Kaye, New York City, Amerose Doskow, New York City, of counsel, for plaintiff Finley.

Gallop, Climenko & Gould, New York City, Milton S. Gould, New York City, of counsel, for Canadian Javelin Limited.

Christy, Perkins & Christy, New York City, for defendant Doyle.

Diamond & Golomb, New York City, Irving L. Golomb, New York City, of counsel, for defendants LeBrock, Bradley, Gaido, Lachmann and Scialabba.

METZNER, District Judge.

Defendant Canadian Javelin Limited moves to dismiss this action pursuant to Rule 12 of the Federal Rules of Civil Procedure, 28 U.S.C.A., on the ground that this court lacks jurisdiction of the subject matter because of lack of diversity. In the alternative the corporate defendant seeks a stay of further proceedings in this court or an order consolidating this action with similar actions now pending in this court. The actions are stockholder...

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