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LAVINE v. GULF COAST LEASEHOLDS, INC.

167 A.2d 447 (1960)

Maurice LAVINE, Plaintiff, v. GULF COAST LEASEHOLDS, INC., a Delaware corporation, Leason & Co., Inc., an Illinois corporation, Cecil V. Hagen, Robert G. Behrman, Jr., Wallace M. Davis, Jr., Roy B. Kelly, Ricard R. Ohrstrom, William P. Swearingen, Harold J. Vance, W. R. Kerr, Emma S. Barrett, Joseph C. Belden, Jr., Rocco J. Culotta and Clara Culotta, Curt W. Diemecke and Ivadell B. Diemecke, Inghram Grayson, Ralph G. Hinners, Jr., Lathrop J. Hunt, Ludwig W. Kasuffl, C. K. Miller, Raymond Mooney, Graham J. Picard, Sally Wells Reineck, William C. Schumacher, Richard A. Steen, and Potomac Enterprises, Inc., a Delaware corporation, Defendants.

Court of Chancery of Delaware, New Castle.

December 28, 1960.

Attorney(s) appearing for the Case

Irving Morris and Joseph A. Rosenthal, of Cohen & Morris, Wilmington, for plaintiff.

Arthur G. Logan of Logan, Marvel, Duffy & Boggs, Wilmington, for defendants, Roy B. Kelly and Cecil V. Hagen.

SEITZ, Chancellor.

This is a stockholder's derivative action. Two of the individual defendants were served with interrogatories and motions to produce documents. They have moved to stay their answers and the production of documents on the ground that to do so would tend to incriminate them in a pending Federal Court prosecution against them. Plaintiffs resist the motion on the ground, inter alia, that the Federal constitutional privilege is not available to these...

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