HABERMAN v. TOBIN

No. 74 Civ. 5470 (RWS).

480 F.Supp. 425 (1979)

Simon V. HABERMAN, Plaintiff, v. John E. TOBIN, Fred M. Kirby, Allan P. Kirby, Jr., each in their own capacity as directors of Alleghany Corporation and as attorney for guardians of the property of Allan P. Kirby, Sr., John J. Burns, Jr., Ralph K. Gottshall, Richard R. Hough, William G. Rabe, Clifford H. Ramsdell and Carlos J. Routh as directors of Alleghany Corporation, and Alleghany Corporation, Defendants.

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

September 27, 1979.


Attorney(s) appearing for the Case

Greenfield, Lipsky & Bress, New York City, for plaintiff by Thomas Bress, New York City, of counsel.

Debevoise, Plimpton, Lyons & Gates, New York City, for defendants Fred M. Kirby, Allan P. Kirby, Jr., John E. Tobin and John J. Burns, Jr. by Robert J. Geniesse, New York City, of counsel.

Cahill, Gordon & Reindel, New York City, for defendant Alleghany Corp. by William E. Hegarty, Rich Schumacher, John A. Shutkin, New York City, of counsel.


OPINION

SWEET, District Judge.

Before the court is a motion by defendants John E. Tobin et al., pursuant to Rule 41(b), Fed.R.Civ.P.,1 to dismiss this shareholders' derivative action, with prejudice, on the ground that plaintiff, Simon Haberman ("Haberman"), has failed to comply with this court's order dated April 17, 1979.2 That order, pursuant...

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