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LaMORTE v. MANSFIELD

No. 631, Docket 35551.

438 F.2d 448 (1971)

Willard J. LaMORTE, Petitioner, v. Hon. Walter R. MANSFIELD, Judge of the United States District Court for the Southern District of New York, Respondent.

United States Court of Appeals, Second Circuit.

Decided January 14, 1971.

Attorney(s) appearing for the Case

Sidney Feldshuh, New York City (Feldshuh & Frank, New York City, of Counsel), for petitioner.

Allan K. Peckel, New York City (Kaufman, Taylor, Kimmel & Miller, New York City, of Counsel), for Zients, and others, plaintiffs in the stockholders' actions.

Alan Palwick, New York City (H. A. & C. E. Heydt, New York City, of Counsel), for Shattuck Denn Mining Corp., defendant in the stockholders' actions.

Before MOORE, FRIENDLY and HAYS, Circuit Judges.

FRIENDLY, Circuit Judge:

Willard J. LaMorte, president and director of the Shattuck Denn Mining Corporation, is a defendant in actions now pending in the District Court for the Southern District of New York, which were brought by Alan Zients and other stockholders for alleged violations of the federal securities laws. In the course of taking LaMorte's deposition prior to trial, plaintiffs' attorneys inquired whether LaMorte possessed a copy of the transcript of testimony...

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