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KEMPER v. AMERICAN BROADCASTING COMPANIES, INC.

Civ. No. 4106.

365 F.Supp. 1272 (1973)

John A. KEMPER, Jr., Plaintiff, v. AMERICAN BROADCASTING COMPANIES, INC., Defendant.

United States District Court, S. D. Ohio, W. D.

September 27, 1973.

Attorney(s) appearing for the Case

Horace W. Baggott, Jr., Dayton, Ohio, for plaintiff.

P. Eugene Smith, Dayton, Ohio, for defendant.

OPINION

CARL B. RUBIN, District Judge.

This matter is before the Court on defendant's motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Both sides have supplemented their pleadings with memoranda of law, and the defendant has submitted additional affidavits and exhibits.

Plaintiff John A. Kemper, shareholder in Kittyhawk Television Corporation, has instituted this stockholder's derivative suit for redress of...

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