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NEW YORK CENT. R.R. CO. v. NEW YORK & HARLEM R.R. CO.

301 N.Y. 567 (1950)

New York Central Railroad Company, Plaintiff, v. New York and Harlem Railroad Company, Appellant; Westchester Fire Insurance Company et al., Minority Common Stockholders of New York and Harlem Railroad Company, Respondents; Dorothy Hennesey, on Her Own Behalf and on Behalf of Other Stockholders of New York and Harlem Railroad Company Similarly Situated, Intervener, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided May 26, 1950

Attorney(s) appearing for the Case

Edward C. McLean and D. Bret Carlson for appellant.

Walter E. Warner, Jr., Benjamin P. De Witt, Richard Steel, Alfred H. Townley, Carleton S. Connor, Julius Wilk and Nathan Shapiro for Westchester Fire Insurance Company and others, respondents.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, and FROESSEL, JJ. Dissenting: FULD, J., who votes to reverse the order and dismiss the application.

Order affirmed, with one bill of costs to respondents. Question certified answered in the negative...

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