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Clarke v. American Press Ass'n

254 A.D. 724 Court N.Y. App. Div. Decision date 1938-05-13 English

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p. 724
John T. Clarke, Suing on Behalf of Himself as a Stockholder of the Defendant American Press Association, etc., Appellant, v. American Press Association and Emmet Finley, Respondents, Impleaded with Others, Defendants.

Orders unanimously modified by granting motion with respect to Items 1, 3, 4 and 5; and with respect to the production of the books and records by providing that they be produced under the rule of Zeltner v. Fidelity & Deposit Co. ( 220 App. Div. 21 ), and as so modified affirmed, without costs. No opinion. The date for the examination to proceed to be fixed in the order. Settle order on notice. Present — Martin, P. J., O’Malley, Glennon, Untermyer and Dore, JJ.