JONES v. URIS SALES CORPORATION

No. 255, Docket 30825.

373 F.2d 644 (1967)

Mary Rickman JONES, individually and as a stockholder of Uris Sales Corporation, suing on behalf of herself and all other stockholders of Uris Sales Corporation, Plaintiff-Appellee, v. URIS SALES CORPORATION and Morton Penn, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided March 2, 1967.


Attorney(s) appearing for the Case

Michael R. Kleinerman, New York City (Booth, Lipton & Lipton, New York City) (Harold L. Lipton, Arnold I. Biegen and Jeffrey L. Zivyak, New York City, of counsel), for defendants-appellants.

W. Bernard Richland, New York City (O'Dwyer & Bernstein, New York City) (Leon Hershbaum, of Counsel), for plaintiff-appellee.

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


FRIENDLY, Circuit Judge:

Mary R. Jones, a citizen of North Carolina who owns 50% of the stock of Uris Sales Corporation, a New York corporation, brought this derivative action in the District Court for the Southern District of New York against the corporation and Morton Penn, a citizen of New York, who is its president, a director and owner of the other 50% of the stock, and who managed and dominated the corporation. Uris Sales Corporation was engaged in supplying...

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