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BRESWICK & CO. v. BRIGGS

130 F.Supp. 953 (1955)

BRESWICK & CO. and Myron Neisloss, as stockholders of Alleghany Corporation and on behalf of themselves and all other stockholders similarly situated, Plaintiffs, v. O. Henry BRIGGS, Thomas J. Deegan, Jr., Walter W. Foskett, Henry J. Guild, Allan P. Kirby, Herman R. Neff, Andrew Van Pelt, Robert R. Young, Clint W. Murchison, Sid W. Richardson, John D. Murchison, Clint W. Murchison, Jr., Murchison Brothers and Alleghany Corporation, Defendants.

United States District Court, S. D. New York.

April 6, 1955.

Attorney(s) appearing for the Case

Rosston, Hort & Brussel, New York City (George Brussel, Jr., Eugene G. King, Joseph B. Hyman, New York City, of counsel), for plaintiffs.

Lord, Day & Lord, New York City (Thomas F. Daly, Saul L. Sherman, New York City, of counsel), for defendant Alleghany Corp.

WALSH, District Judge.

Upon the claim that Alleghany Corporation is an investment company subject to regulation by the Securities and Exchange Commission, rather than a carrier subject to regulation by the Interstate Commerce Commission, plaintiffs, minority stockholders of Alleghany, seek to enjoin it from conducting certain proceedings before the I.C.C. and to prevent the issue and exchange of certain securities for which S.E.C. approval would be required if this...

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