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SHAPIRO v. MAGAZINER

418 Pa. 278 (1965)

Shapiro, Appellant, v. Magaziner.

Supreme Court of Pennsylvania.

May 25, 1965.

Attorney(s) appearing for the Case

Michael H. Egnal, with him Egnal and Simons, for appellant.

William T. Coleman, Jr., with him Stuart H. Savett, and Dilworth, Paxson, Kalish, Kohn & Dilks, for appellees.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE COHEN, May 25, 1965:

This is an appeal from an order of the lower court in equity directing plaintiff-appellant to pay "costs and reasonable counsel fees" incurred by defendant-appellees "if suit is commenced anew." The order was entered in connection with the granting of plaintiff-appellant's motion for a voluntary nonsuit of his shareholder's derivative action. The order must be modified to exclude...

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