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REITER v. UNIVERSAL MARION CORPORATION

No. 16572.

299 F.2d 449 (1962)

Julius H. REITER et al., Appellants, v. UNIVERSAL MARION CORPORATION et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided January 25, 1962.

Attorney(s) appearing for the Case

Mr. Milton M. Gottesman, Washington, D. C., with whom Mr. A. Alvis Layne, Washington, D. C., was on the brief, for appellants.

Mr. Edmund L. Jones, Washington, D. C., with whom Mr. John J. Ross, Washington, D. C., was on the brief, for appellee Mullaney and certain other appellees.

Messrs. Andrew T. Altmann and George E. Flather, Jr., Washington, D. C., were on the brief for appellee Universal Marion Corp.

Before WASHINGTON, DANAHER and BURGER, Circuit Judges.

WASHINGTON, Circuit Judge.

This is an appeal from the District Court for the District of Columbia, which dismissed a stockholders' derivative action brought by appellants against the Universal Marion Corporation, its officers and directors. The dismissal was on the ground that a prior New York judgment was res judicata of the issues in the case at bar.

The present suit was filed on October 11, 1957. Plaintiffs alleged that defendants, officers and directors...

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