Order and judgment (one paper) entered on September 19, 1969, unanimously modified on the law to the extent of denying plaintiff's motion for summary judgment and vacating the judgment thereon and, as so modified, affirmed, without costs and without disbursements.
This action is one to recover sums allegedly paid to Wolfson by the corporate defendants in excess of the amounts allowable pursuant to a stipulation of settlement of prior consolidated derivative actions...
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