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MAUTNER v. HIRSCH

No. 91 Civ. 4928 (WCC).

831 F.Supp. 1058 (1993)

Irwin MAUTNER, individually and as Trustee u/t/a dated October 25, 1984, Win-Ter Management Co., Shari and Jay Stack, individually and as Trustees u/t/a dated April 30, 1981, June 28, 1983 and January 30, 1985, Jonathan N. Tanner, and Tanner & Gilbert P.C. Retirement Plan Trust, all of the foregoing individually and on behalf of the shareholders of Transportation Capital Corp., Plaintiffs, v. Melvin L. HIRSCH, Dorothy T. Hirsch, and Jonathan H. Hirsch and Transportation Capital Corp., Defendants.

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

September 7, 1993.

Attorney(s) appearing for the Case

Lester J. Tanner, John R. Fernbach, Eisenberg Honig Fogler Dimas & Johnson by Steven C. Bagwin, New York City, for plaintiffs.

Butler, Fitzgerald & Potter, P.C. by Stuart Potter, New York City (Stuart Potter and Mihal Nahari of counsel), for defendant Transp. Capital Corp.

OPINION AND ORDER

WILLIAM C. CONNER, District Judge.

Irwin Mautner ("Mautner") and several individuals and entities associated with Lester J. Tanner ("Original Plaintiffs") brought this shareholder derivative action to recover for Transportation Capital Corp. ("TCC") and, where applicable, for the shareholders of TCC, damages due to injuries caused by the alleged fraudulent actions, breach of fiduciary duties and waste of defendants Melvin L. Hirsch, Dorothy...

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