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SLATER v. GULF, MOBILE & OHIO R. R. CO.

283 A.D. 110 (1953)

William A. Slater et al., as Trustees under The Will of William A. Slater, Deceased, Appellants, v. Gulf, Mobile and Ohio Railroad Company et al., Respondents

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

December 15, 1953.

Attorney(s) appearing for the Case

Watson Washburn of counsel (William P. Jones with him on the brief; Perkins, Malone & Washburn, attorneys), for appellants.

Edward K. Hanlon of counsel (Milton Weiss with him on the brief; Beekman & Bogue, attorneys), for Gulf, Mobile and Ohio Railroad Company, respondent.

William R. Meagher of counsel (Theodore Kiendl and Samuel J. Murray with him on the brief; Davis Polk Wardwell Sunderland & Kiendl, attorneys), for Chicago, Burlington & Quincy Railroad, respondent.

PECK, P. J., CALLAHAN and BOTEIN, JJ., concur in Per Curiam opinion; DORE, J., dissents and votes to affirm, in opinion in which COHN, J., concurs.

Per Curiam.

Plaintiffs, former holders of preferred stock of the Kansas City, St. Louis and Chicago Railroad Company, instituted this action for the restitution to them of stock exchanged for other securities and cash in the course of a reorganization of said railroad and the leasing of its trackage to defendants. Defendants' motion to dismiss the complaint upon the ground that a dismissal of a prior complaint was ...

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