182 F2d 1021 Truncale v. A Scully Work

182 F.2d 1021

Stephen TRUNCALE, suing as a stockholder in the name and in behalf of Universal Pictures Company, Inc., Plaintiff-Appellant,
v.
William A. SCULLY and Cllfford WORK, Defendants-Appellees and Cross-Appellants.

No. 222.

Docket 21622.

United States Court of Appeals Second Circuit.

Argued June 6, 1950.

Decided June 23, 1950.

Appeal from the United States District Court for the Southern District of New York.

The plaintiff appeals from an order of Judge Rifkind dismissing his action against the above-named defendants for failure to prove any damage. The defendants appeal from the prior order of Judge Medina granting a summary judgment that Universal Pictures Company, Inc., recover of the defendants such amounts, if any, as may be found to be due to it as damages.

Millard & Greene, New York City, Milton Pollack and Richard F. Wolfson, New York City, of counsel, for plaintiff-appellant.

Phillips, Nizer, Benjamin & Krim, New York City, Louis Nizer, Daniel Glass and Paul Martinson, all of New York City, of counsel, for defendant William A. Scully, appellee and cross-appellant.

H. G. Pickering (of Mudge, Stern, Williams & Tucker), New York City, John Wallis and Robert E. Walsh, New York City, of counsel, for defendant Clifford Work, appellee and cross-appellant.

Before AUGUSTUS N. HAND, CLARK and FRANK, Circuit Judges.

PER CURIAM.

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Affirmed on opinion of Rifkind, J. Truncale v. Blumberg, D.C., 88 F.Supp. 677, as to the judgment granted in favor of the defendants. The cross-appeal of the defendants from the order of Judge Medina granting summary judgment to the plaintiff, D.C., 8 F.R.D. 492, is dismissed as moot.