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S. & S. RLTY. CORP. v. KLEER-VU INDUSTRIES, INC.

No. 349, Docket 77-7342.

575 F.2d 1040 (1978)

S. & S. REALTY CORP., Plaintiff-Appellant, v. KLEER-VU INDUSTRIES, INC. and Benjamin Osher, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 26, 1978.

Attorney(s) appearing for the Case

Barry A. Tessler, New York City, for defendants-appellees.

Avrom S. Fischer, Brooklyn, N. Y., for plaintiff-appellant.

Before LUMBARD, HAYS and MULLIGAN, Circuit Judges.

HAYS, Circuit Judge:

Appellant, S. & S. Realty Corporation, appeals from the grant of defendants' motion for summary judgment in a derivative action brought under § 16(b) of the Securities and Exchange Act of 1934, 15 U.S.C. § 78p(b) (1976).1 The complaint sets forth the efforts that were made by the appellant, as required by § 16(b), to obtain action on the part of the defendant corporation.

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