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ZELLER v. BOGUE ELECTRIC MANUFACTURING CORPORATION

No. 445, Docket 72-2004.

476 F.2d 795 (1973)

Herman L. ZELLER, Plaintiff-Appellant, v. BOGUE ELECTRIC MANUFACTURING CORPORATION et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 22, 1973.

Attorney(s) appearing for the Case

Lawrence M. Powers, New York City (Powers & Gross and Steven E. Gross, New York City, of counsel), for plaintiff-appellant.

Alexander Stone, New York City (Becker, Ross & Stone, James J. Ross, and William C. Kratenstein, New York City, of counsel), for defendants-appellees Bogue Electric Mfg. Corp., Edw. P. Schinman, Robert S. Herwig, Wm. S. Guttenberg and Murray Reiffin.

Richard G. McGahren, New York City, for defendant-appellee Irwin Small Co.

Barry Kessler, New York City, for defendant-appellee Belco Pollution Control Corp.

Before FRIENDLY, Chief Judge, OAKES, Circuit Judge, and DAVIS, Judge.

FRIENDLY, Chief Judge:

Appellant Zeller, a stockholder of Belco Pollution Control Corporation (Belco), a Delaware corporation having its principal offices in New Jersey, brought this derivative action in the District Court for the Southern District of New York against Bogue Electric Manufacturing Corporation (Bogue), a New Jersey corporation, four individuals who were directors of both Belco and Bogue, and Belco's accountants. Federal jurisdiction was predicated on...

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