No. 374, Docket 28733.

327 F.2d 812 (1964)

Barry C. PHELPS, Appellant, v. I. W. BURNHAM et al., Appellees.

United States Court of Appeals Second Circuit.

Decided February 13, 1964.

Attorney(s) appearing for the Case

Gerald D. Fischer, New York City (Stroock, Stroock & Lavan, New York City) (David Schwartz, Alvin K. Hellerstein, Arnold I. Rich, New York City, of counsel), for appellant.

Alfred E. Froh, New York City (LeBoeuf, Lamb & Leiby, New York City) (Chauncey P. Williams, Jr., New York City, of counsel), for appellee Independent Telephone Corp.

Irwin Schneiderman, New York City (Cahill, Gordon, Reindel & Ohl, New York City), for appellee Continental Telephone Co.

Louis Stanton, Jr., New York City (Davis, Polk, Wardwell, Sunderland & Kiendl, New York City), for appellees Ayers, Dornblaser, Harrison, Mason, Mowat, Sawyer and Schafer.

Marshall, Bratter, Greene, Allison & Tucker, New York City, on brief for appellee I. W. Burnham.

Willkie, Farr, Gallagher, Walton & Fitzgibbon, New York City, on brief for appellee Donald Stralem.

Before LUMBARD, Chief Judge, and WATERMAN and FRIENDLY, Circuit Judges.

FRIENDLY, Circuit Judge.

Our motion calendar for February 10, 1964, included a motion by appellant Phelps for a preference and for a stay pending an appeal from an order of Judge Sugarman in a stockholder's action brought by him in the Southern District of New York. After hearing argument on the motion we suggested that the appeal itself be deemed submitted, with leave to file additional briefs on the following day. We affirm...


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