SAYLOR v. BASTEDO

No. 936, Dockets 79-7570, 79-7606.

623 F.2d 230 (1980)

J. Ralph SAYLOR, Plaintiff, v. Philip BASTEDO et al., Defendants-Appellees, Robert Saylor et al., Movants-Appellants, Michael J. McLaughlin, Objector-Appellant, and Abraham I. Markowitz, Appellee.

United States Court of Appeals, Second Circuit.

Decided May 23, 1980.


Attorney(s) appearing for the Case

Avrom S. Fischer, Brooklyn, N. Y., for executors-appellants.

Richard Steel, New York City (Gerard J. O'Brien, New York City, of counsel), for objector-appellant.

James W. Harbison, Jr., New York City (Morgan, Lewis & Bockius, New York City, Herbert J. Jacobi, and Thomas R. Stritter, New York City, of counsel), for defendants-appellees.

Abraham I. Markowitz, New York City, appellee pro se.

Before FRIENDLY, FEINBERG and TIMBERS, Circuit Judges.


FRIENDLY, Circuit Judge:

In the principal order here under review, Judge Tenney, in the District Court for the Southern District of New York, sought to end this derivative action brought in 1965 by J. Ralph Saylor, a stockholder of The Tonopah Mining Company of Nevada (Tonopah). The judge's main tool for accomplishing this seemingly salutary result was to find, 82 F.R.D. 440 (1979), that the action was subject to dismissal sua sponte for want of prosecution...

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