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LEVY v. ALEXANDER

Civ. No. 19069.

170 F.Supp. 439 (1959)

Leo N. LEVY, Walter T. Stephans and Richard Pepper, suing in their behalf and in behalf of all other stockholders in and for the benefit of Sun Chemical Corporation, Plaintiffs, v. Norman E. ALEXANDER, Ralph S. Stillman, Stuart Z. Krinsly, William Steinschneider, Joseph Harris, James J. Flanagan, Howard F. Vultee, Leroy W. Campbell, Willard E. Henges, Frederick E. Adams, Fred H. Farnsworth, American Molding Powder & Chemical Corp., Ansbacher-Siegle Corporation and Sun Chemical Corporation, Defendants.

United States District Court E. D. New York.

February 19, 1959.

Attorney(s) appearing for the Case

Nathan, Mannheimer, Asche, Winer & Friedman, New York City, for plaintiffs, Norman Winer, New York City, of counsel.

Manning, Hollinger & Shea, New York City, for defendants, Ansbacher-Siegle Corp., American Molding Powder & Chemical Corp., Norman E. Alexander, Joseph Harris, James J. Flanagan and Willard E. Henges, Bruce Hecker, New York City, of counsel.

Blue & Rich, New York City, for defendant, Sun Chemical Corp., Maxwell J. Lillienstein, New York City, of counsel.

Milton Paulson, New York City, in support of the motion.

ZAVATT, District Judge.

The defendants have moved for an order staying the plaintiffs from the further prosecution of this action until the final determination of a consolidated action entitled Borden v. Adams, Index No. 423/1958, which is pending in the Supreme Court of the State of New York, New York County. The motion is denied for the following reasons:

1. The first cause of action in this court alleges a fraud upon the stockholders

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