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KOHN v. AMERICAN METAL CLIMAX, INC.

Civ. A. No. 70-933.

313 F.Supp. 1251 (1970)

Harold E. KOHN, Trustee, Plaintiff, v. AMERICAN METAL CLIMAX, INC., and Roan Selection Trust, Limited, Defendants.

United States District Court, E. D. Pennsylvania.

June 8, 1970.

Attorney(s) appearing for the Case

Dilworth, Paxson, Kalish, Kohn & Levy, by Harold E. Kohn, Stuart H. Savett, Barney Welsh, Philadelphia, Pa., for plaintiff.

Drinker, Biddle & Reath, by Morris R. Brooke, Philadelphia, Pa., and Sullivan & Cromwell, by Marvin Schwartz, John L. Warden, Carroll Neeseman, New York City, for defendant American Metal Climax.

Pepper, Hamilton & Scheetz, by John Harkins, Philadelphia, Pa., and Cravath, Swaine & Moore, by John W. Barnum, and Robert S. Rifkind, New York City, for defendant Roan Selection Trust.

FINDINGS OF FACT, CONCLUSIONS OF LAW, OPINION AND ORDER.

MASTERSON, District Judge.

I. FINDINGS OF FACT

A. NATURE OF ACTION AND JURISDICTION.

1. This is an action brought in three counts by plaintiff, Harold E. Kohn, trustee for the Pension Plan of Harold E. Kohn, P.A., attorneys-at-law, against defendants, American Metal Climax, Inc., (AMAX) and Roan Selection Trust, Ltd., (RST). It is brought both as a derivative action on behalf of...

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