PHILLIPS v. BRADFORD


228 F.Supp. 397 (1964)

Randolph PHILLIPS, Plaintiff, v. Harold K. BRADFORD et al., Defendants.

United States District Court S. D. New York.

April 8, 1964.


Attorney(s) appearing for the Case

Randolph Phillips, New York City, pro se.

Debevoise, Plimpton, Lyons & Gates, New York City, for Investors Diversified Services, Inc.

Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, for Investors Mutual, Inc.


RYAN, Chief Judge.

In this derivative stockholder's suit, defendant Investors Mutual, Inc., a "mutual fund", and defendant Investors Diversified Services, Inc., its investment adviser, have moved under Rule 56, F.R. Civ.P., for summary judgment on the basis of res judicata or collateral estoppel arising out of a judgment between the same parties in the New York Supreme Court and on the additional ground that the Court lacks jurisdiction to grant the injunctive...

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