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IN RE PENN CENTRAL TRANSPORTATION COMPANY

No. 70-347.

341 F.Supp. 845 (1972)

In the Matter of PENN CENTRAL TRANSPORTATION COMPANY, Debtor. In re The FIDELITY BANK et al. v. PENN CENTRAL TRANSPORTATION COMPANY et al. Civil Action No. 71-2592; Defendant's Motion to Dismiss.

United States District Court, E. D. Pennsylvania.

April 10, 1972.

Attorney(s) appearing for the Case

John H. Lewis, Jr., Christopher Walters, Morgan, Lewis & Bockius, Philadelphia, Pa., for plaintiff.

Gilbert Stein, Blank, Rome, Klaus & Comisky, Philadelphia, Pa., for defendant.

MEMORANDUM AND ORDER NO. 647

FULLAM, District Judge.

Plaintiff, a minority shareholder in the New York and Harlem Railroad Company (Harlem) has brought this derivative suit (consolidated with the reorganization proceedings by Order No. 494, 335 F.Supp. 831) against that corporation and against the Debtor and its Trustees.

Defendants have moved to dismiss on the ground that plaintiff did not comply with Fed.R...

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