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BRIGHAM v. McCABE

20 N.Y.2d 525 (1967)

Albert S. Brigham, Appellant, v. Frank Wells McCabe et al., Respondents.

Court of Appeals of the State of New York.

Decided November 2, 1967.

Attorney(s) appearing for the Case

Milton Paulson and Ralph W. Lawrence for appellant.

Charles A. Brind and John P. Jehu for New York State Teachers Retirement System and others, respondents.

George Myers and Samuel E. Aronowitz for National Commercial Bank and Trust Company, respondent.

Judges BURKE, SCILEPPI, BERGAN and KEATING concur with Chief Judge FULD; Judge VAN VOORHIS dissents and votes to reverse in an opinion in which Judge BREITEL concurs.

Chief Judge FULD.

The plaintiff, a teacher and member of the New York State Teachers Retirement System, brings this derivative action on his own behalf and on behalf of all other members of the System against the seven members of its governing body, known as the Retirement Board, and the National Commercial Bank and Trust Company.

The complaint alleges that there is an unlawful conflict of interest between...

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