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BROWN v. BULLOCK

32 Misc.2d 111 (1961)

Ethel Brown et al., Plaintiffs, v. Hugh Bullock et al., Defendants.

Supreme Court, Special Term, New York County.

November 6, 1961

Attorney(s) appearing for the Case

Hughes, Hubbard, Blair & Reed for Arthur F. Burns and others, defendants. Cole, Friedman & Deitz for Dividend Shares, Inc., defendant. Sullivan & Cromwell for Hugh Bullock and others, defendants. Rosenthal & Gurkin (Pomerantz, Levy & Haudek and Rosenfeld & Silverman of counsel), for plaintiffs.

GEORGE TILZER, J.

In this stockholders' derivative action brought by two holders of record of 177 shares (of a total outstanding on January 9, 1961 of 92,391,465 shares) of the capital stock of Dividend Shares, Inc., an open-end investment company or "mutual fund," plaintiffs renew their motion to discontinue the action without prejudice and upon payment by them of costs to date. Defendants, including the corporation...

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