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ACKERT v. AUSMAN

217 F.Supp. 934 (1963)

Harold C. ACKERT, as Executor of the Estate of Laura B. Smith, Deceased, Plaintiff, v. Evan L. AUSMAN et al., Defendants, Else Willheim and Randolph Phillips, Objectants.

United States District Court S. D. New York.

May 29, 1963.

Attorney(s) appearing for the Case

Pomerantz, Levy, Haudek & Block, New York City, William E. Haudek, New York City, of counsel, for plaintiff.

Debevoise, Plimpton, Lyons & Gates, New York City, Samuel E. Gates, J. Asa Rountree, New York City, of counsel, for defendant Investors Diversified Services, Inc.

Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, Taggart Whipple, Roland W. Donnem, New York City, of counsel, for defendant Investors Mutual, Inc., appearing specially.

White & Case, New York City, David Hartfield, Jr., New York City, of counsel, for defendant Robert W. Purcell.

Bennett Frankel, New York City, for objectant, Else Willheim.

Randolph Phillips, pro se.

FREDERICK van PELT BRYAN, District Judge.

These are motions to remand a suit brought by plaintiff Ackert derivatively on behalf of Investors Mutual, Inc. (the Fund) and representatively on behalf of all the stockholders of the Fund, against the Fund, Investors Diversified Services, Inc. (IDS) and certain named directors of the Fund.1 The suit was instituted in the New York State Supreme Court...

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