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LEVEY v. BABB

39 Misc.2d 648 (1963)

Leah Levey et al., Plaintiffs, v. Jervis J. Babb et al., Defendants. Bertha W. Lann et al., Plaintiffs, v. RKO Theatres, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

June 14, 1963

Attorney(s) appearing for the Case

Rosenman, Colin, Kaye, Petschek & Freund for Samuel Goldwyn, a stockholder. Sidney L. Garwin for plaintiffs. Pomerantz, Levy & Haudek for Skouras Theatres Corp. and others, defendants. Sherpick, Regan & Davis for United Artists Theatre Circuit, Inc., defendant. Frisch & Goldfluss for Benjamin J. Buttenwieser, defendant. Weisman, Celler, Allan, Spett & Sheinberg for Metropolitan Playhouses, Inc., defendant. O'Brien, Driscoll & Raftery for RKO Theatres, Inc., defendant.

FREDERICK BACKER, J.

This is an independent motion by the objectant Samuel Goldwyn made specifically to the jurisdiction of this court more fully discussed hereinafter.

Involved herein are two consolidated stockholders' derivative actions. The claims asserted are primarily claims of Metropolitan Playhouses, Inc. (hereafter referred to as "Metropolitan"). The claims of Metropolitan are asserted derivatively...

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