BERGER v. FOGARTY


51 Misc.2d 628 (1965)

George Berger et al., Plaintiffs, v. Charles F. Fogarty et al., Defendants.

Supreme Court, Special Term, New York County.

December 7, 1965


Attorney(s) appearing for the Case

Leonard I. Schreiber and Arthur Newman for plaintiffs. Sullivan & Cromwell (David W. Peck, Oliver C. Biddle and Ballard, Spahn, Andrews & Ingersoll of counsel), for Lehman Corporation and another, defendants. Milbank, Tweed, Hadley & McCoy (A. Donald MacKinnon and C. R. Stafford of counsel), for Pennzoil Company, defendant. Townley, Updike, Carter & Rodgers (Ronald S. Daniels of counsel), for Sun Investment Company, defendant.


ARTHUR G. KLEIN, J.

In a derivative action, plaintiffs, stockholders in Texas Gulf Sulphur Company, Inc., seek an accounting of profits made and other relief based upon an asserted breach of fiduciary duty, in that the defendants failed to disclose publicly from November, 1963 to April, 1964 that copper, silver and zinc mines had been found by employees of Texas Gulf Sulphur near Timmins, Ontario.

The defendants include Texas Gulf Sulphur, its...

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