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GILBERT v. CASE

17 Misc.2d 1061 (1959)

Samuel Gilbert et al., as Stockholders of Glen Alden Corporation, Plaintiffs, v. Frances O. Case et al., Defendants.

Supreme Court, Special Term, Kings County.

April 6, 1959.

Attorney(s) appearing for the Case

Robert L. Bobrick for plaintiffs.

McLanahan, Merritt & Ingraham for Glen Alden Corp. and others, defendants.

White & Case for Glover Johnson and another, defendants.

JOHN E. CONE, J.

In this stockholders' derivative action defendants Case, McClintock and Glen Alden Corporation move to dismiss the complaint on the ground that it fails to set forth facts sufficient to constitute a cause of action. Defendants Manheim, Glover, Johnson and Fuller also move for the same relief.

Defendants are charged with the selling of an undefaulted mortgage of $6,210,000 to the mortgagor or his nominees for the sum of $3,000...

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