O'NEILL v. MAYTAG


230 F.Supp. 235 (1964)

Robert J. O'NEILL, Plaintiff, v. Lewis B. MAYTAG, Jr., et al., Defendants.

United States District Court S. D. New York.

March 13, 1964.


Attorney(s) appearing for the Case

Kaufman, Taylor & Kimmel, New York City, for plaintiff, Stanley L. Kaufman, New York City, of counsel.

Sullivan & Cromwell, New York City, for defendant Lewis B. Maytag, Jr., William Piel, Jr., New York City, of counsel.


McLEAN, District Judge.

This is a stockholder's derivative action by a stockholder of National Airlines Incorporated ("National"). The complaint contains two counts. The first is against Pan American World Airways, Inc. ("Pan American"), and certain officers and directors of National. The second, although not so labeled in the complaint, is said to be against defendant Maytag only. Defendant Maytag moves under Rule 12(b) (1) and 12(b) (6) to dismiss the first count...

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