ALLEGHANY CORP. v. JAMES FOUNDATION OF NEW YORK


115 F.Supp. 282 (1953)

ALLEGHANY CORP. et al. v. JAMES FOUNDATION OF NEW YORK, Inc.

United States District Court S. D. New York.

September 22, 1953.


Attorney(s) appearing for the Case

White & Case, New York City, Robert J. Bulkley, Cleveland, Ohio, Arthur L. Corbin, New Haven, Conn., Joseph M. Hartfield, J. Adam Murphy, Haliburton Fales, II, Melvin L. Milligan, II, New York City, of counsel, for plaintiffs.

Milbank, Tweed, Hope & Hadley, New York City, A. Donald MacKinnon, William E. Jackson, New York City, of counsel, for defendant.


RYAN, District Judge.

This suit which was tried to the court seeks recovery upon two alternative causes of action in which the plaintiffs assert claims predicated on contracts alleged to have been made on February 5, 1951 or on February 8, 1951, for the sale by defendant of 153,165 shares of the common stock and 55,727 shares of the five percent cumulative preferred stock of the Western Pacific Railroad Company.1

Plaintiffs claim...

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