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KLEIN v. COMPANIA AZUCARERA

28 A.D.2d 142 (1967)

Arthur Klein, on Behalf of Himself and All Other Stockholders of Compania Azucarera Vertientes-Camaguey De Cuba, Similarly Situated, Respondent, v. Compania Azucarera Vertientes-Camaguey De Cuba, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

October 3, 1967.

Attorney(s) appearing for the Case

John A. Guzzetta of counsel (Simpson Thacher & Bartlett, attorneys), for appellant.

Jack E. Hollenberg of counsel (William Rosenfeld, Tompkins & Lauren, attorneys), for respondent.

STEUER, J. P., TILZER, RABIN and McGIVERN, JJ., concur.

McNALLY, J.

Defendant appeals from the order herein denying its motion for summary judgment dismissing the amended complaint. The original action, instituted April 25, 1961, was one to compel payment of a dividend of $1 per share to the nonresident stockholders of defendant Compania Azucarera Vertientes-Camaguey de Cuba (CAV), a Cuban corporation, out of funds in the possession of the defendant receiver. Said...

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