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GREENSPUN v. BOGAN

Nos. 73-1303, 73-1304.

492 F.2d 375 (1974)

Noah GREENSPUN, Plaintiff-Appellee, v. Eugene F. BOGAN et al., Defendants-Appellees (two cases). Appeal of Joseph STEIR. Appeal of MORGAN GUARANTY TRUST COMPANY OF NEW YORK.

United States Court of Appeals, First Circuit.

Decided February 22, 1974.

Attorney(s) appearing for the Case

Christopher Crowley, New York City, with whom John R. Hally, Daniel C. Sacco, Nutter, McClennen & Fish, Boston, Mass., Davis Polk & Wardwell, New York City, and Hannoch, Weisman, Stern & Besser, Newark, N. J., were on brief, for appellants.

George C. Caner, Jr., Boston, Mass., with whom John Silas Hopkins, III, Robert Charles Clark, Elizabeth Paine and Ropes & Gray, Boston, Mass., were on brief, for Durand A. Holladay and others, appellees.

Gordon T. Walker, Boston, Mass., with whom James D. St. Clair and Hale & Dorr, Boston, Mass., were on brief for Eugene F. Bogan and others, appellees.

Irving Bizar, New York City, with whom Demov, Morris, Levin & Shein, New York City, Harvey A. Silverglate, and Silverglate, Shapiro & Gertner, Boston Mass., were on brief, for Noah Greenspun, appellee.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

COFFIN, Chief Judge.

This consolidated appeal arises from a judgment of August 3, 1973, approving the settlement of a shareholder's derivative suit, commenced April 5, 1972 on behalf of Continental Mortgage Investors (CMI), a real estate investment trust, against its management advisor, Continental Advisors (CA), and against its trustees, some of whom were affiliated with CA. The suit alleged that a corporate opportunity had been diverted from CMI, and also that fees...

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