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DONAVAN v. SHAHEEN

34 Misc.2d 522 (1962)

Paul J. Donavan et al., Suing on Behalf of Themselves and on Behalf of All Other Stockholders of MacMillan Ring-Free Oil Co., Inc., Similarly Situated, Plaintiffs, v. John M. Shaheen et al., Defendants.

Supreme Court, Special Term, New York County.

May 18, 1962

Attorney(s) appearing for the Case

Frederick P. Glick and Alvin L. Arnold for Jessie M. Gill and others, plaintiffs. David M. Palley and Bernard S. Schwartz for plaintiffs. Sullivan & Cromwell for Esso International, Inc., defendant. Rein Mound & Cotton for MacMillan Ring-Free Oil Co., Inc., defendant.

MATTHEW M. LEVY, J.

This is a stockholders' derivative action. It was instituted by four plaintiffs, suing on behalf of themselves and on behalf of all other stockholders of the subject corporation and in its right.

Alleging that their participation as plaintiffs was without their knowledge and consent and that any authorization signed by them was obtained by misrepresentation, the plaintiffs moved for...

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