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MATTER OF CORN EXCH. BK. TRUST CO. (ADLEY EXPRESS CO.).

276 A.D. 430 (1950)

In the Matter of the Accounting of Corn Exchange Bank Trust Company, as Trustee, Respondent-Appellant Adley Express Company, Inc., Appellant-Respondent; Samuel S. Koenig, Guardian ad Litem for the Unknown Beneficiaries, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

February 28, 1950.

Attorney(s) appearing for the Case

Thomas Turner Cooke for appellant-respondent.

James H. Halpin of counsel (Cameron I. Kay and John J. Sullivan with him on the brief; Spence, Hotchkiss, Parker & Duryee, attorneys), for respondent-appellant.

Charles H. Tally of counsel for Samuel S. Koenig, guardian ad litem, respondent.

DORE, J. P., COHN, CALLAHAN, and SHIENTAG, JJ., concur.

VAN VOORHIS, J.

Adley Express Company, Inc., appellant-respondent (hereinafter called Adley), is engaged in the trucking business in New Haven, Connecticut. It had about 600 employees at the times involved in this dispute. As recited in a document described as the Plan, Adley "pursuant to action of its Board of Directors, at a special meeting held on November 1, 1943, has adopted as of the 31st day of December...

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