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PAPILSKY v. BERNDT

No. 759, Docket 72-1052.

466 F.2d 251 (1972)

Paulette PAPILSKY, Plaintiff-Appellee, v. Alvin H. BERNDT et al., Defendants-Appellants, and Carl W. Knobloch et al., Defendants.

United States Court of Appeals, Second Circuit.

Decided August 1, 1972.

Certiorari Denied December 18, 1972.

Attorney(s) appearing for the Case

Abraham L. Pomerantz, New York City (Mordecai Rosenfeld, William E. Haudek, Daniel W. Krasner and Pomerantz, Levy, Haudek & Block, New York City, on the brief), for plaintiff-appellee.

Judson A. Parsons, Jr., New York City (Hugh N. Fryer, Keith E. McClintock, Jr., Patricia A. Nelson and Dewey, Ballantine, Bushby, Palmer & Wood, New York City, on the brief), for defendants-appellants.

Before LEVENTHAL, FEINBERG and TIMBERS, Circuit Judges.

Certiorari Denied December 18, 1972. See 93 S.Ct. 689.

TIMBERS, Circuit Judge:

The essential issue on this appeal is whether dismissal of a stockholder's derivative suit, without notice to nonparty stockholders, under Fed.R.Civ.P. 37(b) (2) (C), for failure to answer interrogatories, operates as a bar to an identical cause of action asserted by another stockholder in a subsequent derivative suit.

Plaintiff...

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