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SIEGEL v. CONVERTERS TRANSP., INC.

No. 1443, Docket 83-7195.

714 F.2d 213 (1983)

Robert SIEGEL, on behalf of himself and all other stockholders of Converters Transportation, Inc., Appellee, v. CONVERTERS TRANSPORTATION, INC., Elk Piece Dye Works, Inc., Louis Sgrosso, Vincent Oltremare, Sr., and Vincent Oltremare, Jr., Appellants.

United States Court of Appeals, Second Circuit.

Decided August 2, 1983.

Attorney(s) appearing for the Case

Howard Graff, Bloch, Graff, Danzig, Jelline & Mandel, New York City (Elaine Menlow, Bloch, Graff, Danzig, Jelline & Mandel, New York City, of counsel), for appellee.

Murray N. Jacobson, Jacobson & Jacobson, New City, N.Y., for appellants.

Before FRIENDLY, OAKES and CARDAMONE, Circuit Judges.

PER CURIAM:

BACKGROUND

This case presents the question whether an individual shareholder of a contract carrier may recover on its behalf in a derivative action the difference between freight rates paid by a shipper and those set forth in the tariff filed by the carrier with the ICC pursuant to 49 U.S.C. § 318(a), amended by 49 U.S.C. § 10761(a) (Supp. V 1981). The United States District Court for the Southern District of New York...

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