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SIMON v. NEW HAVEN BOARD & CARTON CO., INCORPORATED

No. 27, Docket 74-1272.

516 F.2d 303 (1975)

Jeff SIMON, as Custodian for Gail Nina Simon under the New York Uniform Gifts to Minors Act, Plaintiff-Appellant, v. The NEW HAVEN BOARD & CARTON COMPANY, INCORPORATED et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 5, 1975.

Attorney(s) appearing for the Case

Herbert L. Scharf, New York City (Alfred Olonoff, Harold Bobroff and Bobroff, Olonoff & Scharf, New York City, on the brief), for plaintiff-appellant.

William J. Doyle, New Haven, Conn. (J. Michael Eisner and Wiggin & Dana, New Haven, Conn., on the brief), for defendants-appellees, except William B. Gumbart.

Louis M. Winer, New Haven, Conn. (Tyler, Cooper, Grant, Bowerman & Keefe, New Haven, Conn., on the brief), for defendant-appellee William B. Gumbart.

Before KAUFMAN, Chief Judge, and SMITH and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge:

On this appeal from a judgment entered January 9, 1974 after a seven day bench trial in the District of Connecticut, Jon O. Newman, District Judge, dismissing a stockholder's derivative action, the essential issue is the correctness of the district court's determination that the corporation had not been damaged. For the reasons below, we affirm.

I.

In view of the district court's clear and comprehensive statement of...

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