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  5. 16 A.D.2d 260 (1962)
 

RIPLEY v. INTERNAT. RYS. OF CENT. AMER.

16 A.D.2d 260 (1962)

Charles B. Ripley et al., Individually and as Stockholders of International Railways of Central America, Suing on Behalf of Themselves and for All Other Stockholders Similarly Situated, Appellants-Respondents, v. International Railways of Central America et al., Respondents-Appellants T. Roland Berner et al., Appellants-Respondents, and Estate of Vincent Hale et al., Appellants, and Herman A. Bayless et al., Respondents, v. International Railways of Central America et al., Respondents-Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

April 24, 1962.

Attorney(s) appearing for the Case

T. Roland Berner (Aaron Lewittes, Julian S. Bush, M. Victor Leventritt, Shirley D. Brinsfield and Sidney Bender with him on the brief), in person and general counsel for appellants-respondents.

Herman A. Bayless (Waite, Schindel, Bayless & Schneider of counsel), in person and attorney for estate of Peter G. Thomson, Jr., respondent, and attorney for Anne T. Smith and another, as executors of Peter G. Thomson, Jr., deceased, appellants-respondents.

Harry Bijur of counsel (Bijur & Herts, attorneys), for John A. Bonaudi, appellant-respondent, and for Bernard Winkler & Co., appellant.

Louis H. O. Fischman, in person, and for Morris Gross, appellant-respondent.

Alexander Kahan, appellant-respondent in person.

M. Victor Leventritt, attorney for Frederick E. Lyford, appellant-respondent; Estate of Vincent Hale, appellant, and Thomas D. Geoghegan and others, respondents.

Simon H. Rifkind of counsel (Edward N. Costikyan with him on the brief; Abraham K. Weber, attorney), for International Railways of Central America, appellant-respondent.

Bernard E. Singer of counsel, in person (Paul Bauman, attorney), for Bernard E. Singer and others, appellants-respondents.

Stanley J. Dorman for Henry P. de Vries, appellant-respondent.

Frank A. Celentano (Winthrop D. Thies with him on the brief), attorney for estate of Walter A. Blasing, appellant-respondent.

Porter R. Chandler of counsel (Ralph M. Carson with him on the brief; Davis Polk Wardell Sunderland & Kiendl, attorneys), for United Fruit Company, appellant-respondent.

BOTEIN, P. J., BREITEL, McNALLY and STEVENS, JJ., concur.

VALENTE, J.

A recovery in a substantial amount was obtained in this stockholders' derivative action on behalf of International Railways of Central America ("IRCA") against United Fruit Company. The judgment was affirmed by this court (Ripley v. International Rys. of Cent. America, 8 A.D.2d 310) and by the Court of Appeals (8 N.Y.2d 430

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