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HAUSMAN v. BUCKLEY

No. 174, Docket 27144.

299 F.2d 696 (1962)

Nathan HAUSMAN, in His Own Behalf as a Stockholder of Defendant Pantepec Oil Company, C. A., and in Behalf of All Other Such Stockholders Similarly Situated, Plaintiff-Appellant, and Joseph Applebaum, The Applebaum Foundation, Inc., Alfred N. Barnett, Julie A. Buckley, as remaining trustee u/w of Daniel Buckley, deceased, Peter Fundaro, Harold Maltz, Norvin H. Rieser, Fred Weibert and Regina Weibert and L. H. Luckett, Intervenor-Plaintiffs-Appellants, v. John W. BUCKLEY, The Catawba Corporation and Pantepec Oil Company, C. A., Defendants-Appellees, and John S. Bailey, Eduardo Lopez de Ceballos, George S. Montgomery, Jr., Jose Melich Orsini, Santiago Segovia, John T. Sinclair, Jr., Guy K. Stewart, R. Ramirez U., Cecilio Velasco, G. J. Van Wageningen, Phillips Petroleum Company, Defendants.

United States Court of Appeals Second Circuit.

Decided February 13, 1962.

Certiorari Denied May 21, 1962.

Attorney(s) appearing for the Case

Robert B. Block, New York City, of counsel (Heffner, Block & Block, Sonnenschein & Sherman, Murray W. Greif, New York City), for appellants.

Thomas W. Hill, Jr., New York City (Spear & Hill, New York City), for John W. Buckley and The Catawba Corporation.

Joseph A. McManus, New York City (Coudert Brothers, New York City), for Pantepec Oil Company, C. A.

Before WATERMAN, KAUFMAN and MARSHALL, Circuit Judges.

Certiorari Denied May 21, 1962. See 82 S.Ct. 1157.

KAUFMAN, Circuit Judge.

This is a stockholders' derivative action brought on behalf of the Pantepec Oil Company, C. A. (Pantepec), a corporation organized under the laws of Venezuela. Jurisdiction is based on diversity of citizenship, 28 U.S.C. § 1332.

In the stage of this protracted litigation1 which concerns us on this appeal...

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