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NORTE & CO. v. DEFIANCE INDUSTRIES, INC.

Nos. 27999, 28160.

319 F.2d 336 (1963)

NORTE & CO., Plaintiff-Appellant, v. DEFIANCE INDUSTRIES, INC., Defendant-Appellee, and R. L. Huffines, Jr., Victor Muscat, L F. Serrick, Alfred O'Gara and Edward Krock, Defendants.

United States Court of Appeals Second Circuit.

Decided June 26, 1963.

Attorney(s) appearing for the Case

Simon Rosenzweig, New York City (Milton Paulson, New York City, on the brief), for plaintiff-appellant.

Frederick P. Glick, New York City, on the brief for defendant-appellee.

Before LUMBARD, Chief Judge, CLARK, Circuit Judge, and BARTELS, District Judge.

LUMBARD, Chief Judge.

In this stockholder's derivative suit, the plaintiff appeals from an order of the United States District Court for the Southern District of New York quashing service of process on Defiance Industries, Inc., the corporation in behalf of which the suit is brought, nominally a party defendant. The real defendants are directors of Defiance, who are charged in the complaint with waste and misappropriation of corporate assets. This appeal has been...

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