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BRAASCH v. MUSCAT

No. 438, Docket 32119.

398 F.2d 1022 (1968)

Herbert BRAASCH, on behalf of himself and all other stockholders of Fifth Avenue Coach Lines, Inc., Plaintiff-Appellee, and Fifth Avenue Coach Lines Inc., Plaintiff, v. Victor MUSCAT et al., Defendants, Thomas A. Bolan, Defendant-Appellant, Fifth Avenue Coach Lines, Inc., Appellant.

United States Court of Appeals Second Circuit.

Decided August 6, 1968.

Attorney(s) appearing for the Case

Myron J. Greene, New York City (Millard & Greene and Shirley R. Levittan, New York City, on the brief), for appellants Bolan and Fifth Avenue Coach Lines, Inc.

Burton L. Knapp, New York City (Knapp & Berson and George C. Levin, Saul S. Cohen, New York City, on the brief), for plaintiff-appellee.

Before FRIENDLY, HAYS and ANDERSON, Circuit Judges.

PER CURIAM:

This is an appeal from an order entered by Judge Palmieri in a derivative action brought in the Southern District of New York, appointing a "Special Fiscal Agent" to supervise disbursements of Fifth Avenue Coach Lines, Inc., pending the trial of the action, which charged the defendants with fraudulent acts in violation of the federal securities laws. A month after this action was commenced a second action, SEC v. Fifth Avenue Coach Lines, Inc., D.C., ...

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