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LEWIS v. SHAFFER STORES COMPANY

218 F.Supp. 238 (1963)

Harry LEWIS, in the name and on behalf of R. C. Williams & Company, Inc., Plaintiff, v. SHAFFER STORES COMPANY, Arthur R. Lorch, Catherine R. Laughlin, James E. Hilborn, Shafstor, Inc. and R. C. Williams & Company, Inc., Defendants.

United States District Court S. D. New York.

April 26, 1963.

Attorney(s) appearing for the Case

Louis Kipnis, New York City, for plaintiff.

Breed, Abbott & Morgan, New York City, Thomas W. Kelly, New York City, of counsel, for defendant R. C. Williams & Co., Inc.

McLEAN, District Judge.

This is a derivative action by a stockholder of R. C. Williams & Company, Inc. ("Williams"), a New York corporation, in the right of that corporation against officers, directors and a majority stockholder of the corporation. Williams is made a nominal defendant. The complaint seeks recovery, pursuant to Section 16(b) of the Securities Exchange Act of 1934, of shortswing profits allegedly made by defendants in the purchase and sale of Williams...

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