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SCHWARTZ v. MARIEN

65 Misc.2d 811 (1970)

Margaret Schwartz, as Executrix of Girard A. Dietrich, Deceased, Plaintiff, v. Robert H. Marien et al., Defendants.

Supreme Court, Erie County.

December 9, 1970

Attorney(s) appearing for the Case

Offermann, Fallon, Mahoney & Adner (Francis T. Offermann of counsel), for plaintiff. Lipsitz, Green, Fahringer, Roll, Schuller & James (Evan A. James of counsel), for defendants.

ROGER T. COOK, J.

Briefly, this is an action brought by the plaintiff-executrix alleging a conspiracy to defraud plaintiff from rightful control and ownership of stock in the codefendant Superior Engraving Co., Inc. Plaintiff contends that prior to the commencement of this litigation she, as executrix of the estate of her father, Girard A. Dietrich, owned 50% of Superior's stock; that the corporation, through...

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