COHEN v. BLOCH

No. 78 Civ. 3909 (RWS).

507 F.Supp. 321 (1980)

Ruth COHEN, Plaintiff, v. Ephraim BLOCH, Joseph Vitale, Alvin L. Levine, Albert Bloch, Harry Fishlow, Fred G. Little and PRF Corporation, Defendants.

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

December 1, 1980.


Attorney(s) appearing for the Case

Garwin & Bronzaft, New York City, for plaintiff; Sidney L. Garwin, Bruce E. Gerstein, New York City, of counsel.

Fink, Weinberg, Fredman, Berman & Lowell, P. C., New York City, for defendants Ephraim Bloch, Joseph Vitale, Alvin L. Levine, Albert Bloch, Harry Fishlow; Arthur C. Fink, Charles M. Newman, New York City, of counsel.

Martin J. Bluestein, New York City, for defendant PRF Corp.


OPINION

SWEET, District Judge.

The defendant PRF Corporation ("PRF") and the individual director-defendants Ephraim Bloch, Chairman of the Board and Chief Executive Officer ("Bloch") and five other persons comprising the complete PRF board ("the directors"), have moved to dismiss the amended and supplemental complaint in this shareholder derivative suit for failure of the plaintiff Ruth Cohen (the "shareholder" or "derivative plaintiff") to fulfill the requirements...

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