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DONAVAN v. SHAHEEN

34 Misc.2d 525 (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., Plaintiffs, v. John M. Shaheen et al., Defendants.

Supreme Court, Special Term, New York County.

June 4, 1962

Attorney(s) appearing for the Case

Royall, Koegel & Rogers (John A. Wells, Wyllys S. Newcomb, Thomas McBryde and Richard E. Stewart of counsel), for John M. Shaheen and others, defendants. Sullivan & Cromwell for Esso International, Inc., defendant. David M. Palley and Bernard S. Schwartz for plaintiffs.

MATTHEW M. LEVY, J.

This is a motion by certain defendants to dismiss the complaint in a stockholder's derivative action brought on behalf of MacMillan Ring-Free Oil Co., Inc.

In companion motions heretofore granted, three of the four stockholders who brought the action applied for substitution of attorneys and requested leave to withdraw from the suit. In a later motion, the present movants applied to open the record herein so as to receive,...

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