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LEWIS v. ADLER

No. 69 Civ. 5518.

331 F.Supp. 1258 (1971)

Harry LEWIS, Plaintiff, v. Louis S. ADLER et al., Defendants.

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

Supplemental Memorandum and Order April 22, 1971.

On Application May 21, 1971.

Attorney(s) appearing for the Case

Garwin & Bronzaft, New York City, for plaintiff; Sidney L. Garwin, Bertram Bronzaft, New York City, of counsel.

Nickerson, Kramer, Lowenstein, Nessen & Kamin, New York City, for defendants Lifton, Weingrow, Hechler and Blaine; Geoffrey M. Kalmus, Robert M. Heller, New York City, of counsel.

On Application for Rule 54(b) Certificate May 21, 1971.

OPINION

LASKER, District Judge.

In this shareholder's derivative suit the individual defendants move to dismiss the first cause of action in plaintiff's complaint for failure to state a claim on which relief can be granted, Rule 12(b) (6), F.R.Civ.P., or, in the alternative, to grant summary judgment for the defendants on the first claim under Rule 56, F.R.Civ.P. The plaintiff opposes these...

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