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PAPILSKY v. BERNDT

No. 71 Civ. 2534.

333 F.Supp. 1084 (1971)

Paulette PAPILSKY, Plaintiff, v. Alvin H. BERNDT et al., Defendants.

United States District Court, S. D. New York.

November 17, 1971.

Attorney(s) appearing for the Case

Mordecai Rosenfeld, Pomerantz, Levy, Haudek & Block, New York City, for plaintiff; Abraham L. Pomerantz, Mordecai Rosenfeld, Daniel W. Krasher, New York City, of counsel.

Dewey, Ballantine, Bushby, Palmer & Wood, New York City, for defendants Lord, Abbett & Co., Alvin H. Berndt and Robert S. Driscoll; Judson A. Parsons, Jr., Gerald E. Ross, New York City, of counsel.

WYATT, District Judge.

This is a motion by three of the named defendants—Lord, Abbett & Co., Alvin H. Berndt and Robert S. Driscoll —for summary judgment in their favor. Fed.R.Civ.P. 56(c).

The action was commenced on June 7, 1971. Plaintiff brings the action as the owner of stock of defendant Affiliated Fund, Inc. (Fund), a Delaware corporation, and the action is a derivative one to enforce...

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