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TRAINOR v. BERNER

No. 66 Civ. 2177.

334 F.Supp. 1143 (1971)

Daniel H. TRAINOR, Plaintiff, v. T. Roland BERNER et al., Defendants.

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

September 27, 1971.

Attorney(s) appearing for the Case

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

Simpson, Thacher & Bartlett, New York City, for defendants Berner, Perkins, Bull, Power, Lane, Smith, McSweeney and Morris; William J. Manning, Dean C. Rohrer, New York City, of counsel.

David Lasky, New York City, for defendant Curtiss-Wright Corp.

Spencer & Tunstead, New York City, for defendant White.

Fuerst, Fisher, Levy & Goulder, Cleveland, Ohio, for objector, Sarah Fisher; Stanley M. Fisher, Cleveland, Ohio, of counsel.

LASKER, District Judge.

This is an application under Rule 23 of the Federal Rules of Civil Procedure for approval of the settlement of a stockholder's derivative suit. By court order, and on notice mailed to all stockholders setting forth the terms of settlement, a hearing was held April 10, 1970, at which counsel for the parties and for one objectant were heard.

The suit alleges violations of § 10(b) of the Securities Exchange Act of 1934 (the "Act"...

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