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WEISS v. SUNASCO INCORPORATED

No. 68-1989.

316 F.Supp. 1197 (1970)

Leonard WEISS, on his own behalf as a stockholder of Sunasco Incorporated and on behalf of all other stockholders similarly situated, Plaintiff, v. SUNASCO INCORPORATED (presently known as Scientific Resources Corporation), Kleiner, Bell & Co., Incorporated, Sunset International Petroleum Corporation, J. L. Wolgin, Sidney Wolgin, Norman Wolgin, Paul Hallingby, Jr., David H. Solms, Thomas T. Fleming, Wentworth P. Johnson, Defendants.

United States District Court, E. D. Pennsylvania.

September 3, 1970.

Attorney(s) appearing for the Case

Dorfman, Pechner, Sacks & Dorfman, Philadelphia, Pa., for plaintiff.

David Berger, Herbert B. Newberg, H. Laddie Montague, Jr., Cohen, Shapiro, Berger, Polisher & Cohen, Philadelphia, Pa., for Sunasco Incorporated, and others.

Ernest R. von Starck, Richard P. Brown, Jr., Morgan, Lewis & Bockius, Philadelphia, Pa., for Wentworth P. Johnson.

OPINION AND ORDER

FULLAM, District Judge.

This case is presently before the Court on the defendants' motions to dismiss addressed to five counts of the plaintiff's six-count complaint. The defendants named in the respective counts of the complaint are listed in Appendix A hereto. Plaintiff is the owner of 100 of approximately 1,000,000 outstanding shares of Sunasco $1.65 preferred stock.

Before discussing the defendants' motions to dismiss, it is...

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