Birnbaum v. Birrell
This text of 92 F. Supp. 275 (Birnbaum v. Birrell) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Motion to compel plaintiffs to give security pursuant to section 61-b of the N.Y. General Corporation Law, McK.Consol. Laws, c. 23.
The motion is granted upon the authority of Cohen v. Beneficial Industrial Loan Corporation, 337 U.S. 541, 69 S.Ct. 1221, 93 L. Ed. 1528. Security is fixed in the sum of $35,000.
The defendant Universal has not acquiesced in plaintiffs’ suggestion that the suit be dismissed. I see no reason, therefore, why such suggestion be entertained. If the defendant desires it may incorporate a condition with respect to dismissal in its order on this decision. The stay is continued meanwhile.
Settle order.
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Cite This Page — Counsel Stack
92 F. Supp. 275, 1949 U.S. Dist. LEXIS 2370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/birnbaum-v-birrell-nysd-1949.