Page:Freudenthal v. Hebrew Publishing.pdf/3

 Plaintiff is, therefore, granted a decree for injunction and damages, which are fixed at $250, together with costs and $250 attorney’s fee.

Proposed findings may be presented by plaintiff’s attorney, through the clerk, upon three days notice to defendant’s attorney, who may file such objections as he may have to the same.

Action by Beatrice H. Goldboss (nee Beatrice Hoffman), a shareholder of Quarterly Income Shares, Incorporated, suing on behalf of herself and all other owners and holders of shares of stock of the said Quarterly Income Shares, Incorporated, similarly situated, against Edwin J. Reimann, Lawrence W. Schmidt, and others, to require defendants to account with reference to their acts and doings as officers, directors, and otherwise, in the receipt of money paid by the corporation as fees, salaries, commissions, or other compensation. On defendants’ motion under Federal Rules of Civil Procedure.

Judgment in accordance with opinion.

Sabath, Perlman, Goodman & Rein, of Chicago, Ill., and Samuel L. Chess, of New York City (Samuel L. Chess, and Robert Ratner both of New York City, of counsel), for plaintiff.

Root, Clark, Bucknet & Ballantine, of New York City (Arthur A. Ballantine, of New York City, of counsel), for defendants.

BRIGHT, District Judge.

The defendants Lawrence W. Schmidt, Ross Beason, Bernard E. Lawson, Maryland Sponsors, Inc., Administrative and Research Corporation (New York), American Depositor Corporation and Quarterly Income Shares, Inc., the only defendants who have been served and appear herein, move (1) under Rule 12(f) of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, for an order striking out certain portions of the amended complaint, and (2) for summary judgment pursuant to Rule 56(b) upon the ground that there is no genuine issue as to any material fact, that the amended complaint fails to state a claim upon which relief can be granted, that the stockholders, including plaintiff, have been authorized, ratified and acquiesced in the execution and performance of the contracts challenged, and that the six year statute of limitations is a complete defense to the plaintiff’s claim.

The plaintiff counters that the court refuse the application for summary judgment or direct a continuance of the application in order to permit her, pursuant to Rule 56(f), to take the testimony of the defendants or others in order to present facts essential to justify her position.

The action is brought by the plaintiff, a shareholder of the defendant Quarterly Income Shares, Inc., in her own behalf and in behalf of the corporation and all other shareholders, to require the defendants to