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REITER v. UNIVERSAL MARION CORPORATION

Nos. 15146, 15237.

273 F.2d 820 (1959)

Julius H. REITER et al., Appellants, v. UNIVERSAL MARION CORPORATION et al., Appellees. Julius H. REITER et al., Petitioners, v. Honorable Alexander HOLTZOFF, Judge of United States District Court for District of Columbia, Respondent, Universal Marion Corporation, James Mullaney, E. B. Gerbert, E. Cleveland Giddings, Alexander Rittmaster and Martin Segal, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided December 10, 1959.

As Amended January 25, 1960.

Petition for Rehearing Denied February 2, 1960.

Attorney(s) appearing for the Case

Mr. Milton M. Gottesman, Washington, D. C., with whom Mr. Robert L. Wright, Washington, D. C., was on the brief, for appellants in No. 15146 and petitioners in No. 15237.

Mr. Andrew T. Altmann, Washington, D. C., with whom Mr. George E. Flather, Jr., Washington, D. C., was on the brief, for Universal Marion Corp., appellee in No. 15146 and intervenor in No. 15237.

Mr. Edmund L. Jones, Washington, D. C., with whom Mr. Frank F. Roberson, Washington, D. C., was on the brief, for Mullaney, and certain others, appellees in No. 15146 and intervenors in No. 15237.

Before WASHINGTON, DANAHER and BURGER, Circuit Judges.

WASHINGTON, Circuit Judge.

These cases relate to the efforts of a group of stockholders of the Universal Marion Corporation, organized under the laws of the District of Columbia, to maintain a derivative suit in the courts of the District of Columbia while another derivative suit — Angelo S. Esposito, et al., Plaintiffs v. Martin Segal, et al., Defendants (Index No. 13605/1957, Sup.Ct. N.Y., N.Y. Co.) — filed at an earlier date against some of the same...

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