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ROSEN v. DRISLER

No. 73 Civ. 3367 (JMC).

421 F.Supp. 1282 (1976)

Murray J. ROSEN, Plaintiff, v. William A. DRISLER, Jr., et al., Defendants.

United States District Court, S. D. New York.

October 21, 1976.

Attorney(s) appearing for the Case

Garwin & Bronzaft, New York City (Bertram Bronzaft, New York City, of counsel), for plaintiff.

Sullivan & Cromwell, New York City (Marvin Schwartz, New York City, of counsel), for defendants Powers and O'Sullivan.

Olwine, Connelly, Chase, O'Donnell & Weyher, New York City (John Logan O'Donnell, New York City, of counsel), for defendants Drisler, Whitmore and Lear.

OPINION

CANNELLA, District Judge.

Moving defendants' (William Drisler, Jr., Edward Whitmore, Robert Lear, Richard Powers and John O'Sullivan) application for an order dismissing the complaint for failure to state a claim upon which relief can be granted and for lack of subject matter jurisdiction, is granted. Plaintiff's cross-motion for summary judgment against these defendants, is denied.

FACTS

This is a shareholder's derivative action...

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