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WEISS v. KAY JEWELRY STORES, INC.

Nos. 24443, 24444.

470 F.2d 1259 (1972)

Walter A. WEISS v. KAY JEWELRY STORES, INC., et al., Cecil D. Kaufmann and Simon Hirshman, Appellants. Walter A. WEISS v. KAY JEWELRY STORES, INC., Joel S. Kaufmann, Appellant, Cecil D. Kaufmann et al.

United States Court of Appeals, District of Columbia Circuit.

Decided November 3, 1972.

Attorney(s) appearing for the Case

Mr. Hugh B. Cox, Washington, D. C., with whom Mr. Michael Boudin, Washington, D. C., was on the brief, for appellants in No. 24443.

Mr. Francis M. Shea, Washington, D. C., with whom Messrs. Martin J. Flynn and Anthony A. Lapham, Washington, D. C., were on the brief, for appellant in No. 24444.

Mr. Joseph Forer, Washington, D. C., with whom Mr. David Rein, Washington, D. C., was on the brief, for appellee, Walter Weiss.

Mr. James R. Stoner, Washington, D. C., entered an appearance for appellees, Kay Jewelry Stores, Inc., and others.

Before MacKINNON and ROBB, Circuit Judges, and MATTHEWS, Senior Judge, United States District Court for the District of Columbia.

MATTHEWS, Senior District Judge:

A stockholder's derivative action was filed in the United States District Court for the District of Columbia by Walter A. Weiss (Weiss), a stockholder of Kay Jewelry Stores, Inc. (Kay), a Delaware corporation. From a summary judgment entered against them jointly and severally, the defendants Cecil D. Kaufmann (Cecil), Joel S. Kaufmann (Joel), and Simon Hirshman (Hirshman), president, treasurer and secretary, respectively, of Kay, and...

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