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ORPHANOS v. MARKIN

21 Misc.2d 172 (1959)

John Orphanos et al., as Stockholders of Parmelee Transportation Company, Suing on Their Own Behalves and on Behalf of All Stockholders of Parmelee Transportation Company Similarly Situated, on Behalf and for the Benefit of Parmelee Transportation Company, Plaintiffs, v. Morris Markin et al., Defendants.

Supreme Court, Special Term, New York County.

October 20, 1959.

Attorney(s) appearing for the Case

Sidney L. Garwin for plaintiffs.

Brown, Wood, Fuller, Caldwell & Ivey for National Transp. Inc., and others, defendants.

James A. Doherty for General Fire & Casualty Co., defendant.

Gallop, Climenko & Gould (Jesse Climenko and Martin I. Shelton of counsel), for Checker Taxi Company, Inc., and another, defendants.

OWEN McGIVERN, J.

This is a stockholders' derivative action, brought by five stockholders on behalf of the Parmelee Transportation Company (hereinafter referred to as "Parmelee") against its 10 directors and certain other corporations. The plaintiffs are the owners of record of 37 shares of stock of Parmelee out of a total of 350,208 shares, although it appears that one of the plaintiffs owned an additional...

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