MARCO v. DULLES


177 F.Supp. 533 (1959)

William MARCO, as administrator of all and singular, the goods, chattels and credits of Harry Marco, deceased, a stockholder of Blue Ridge Corporation, now Blue Ridge Mutual Fund, Inc., on behalf of himself and all other stockholders similarly situated, and on behalf of Blue Ridge Corporation, now Blue Ridge Mutual Fund, Inc., and Ridge Realization Corporation as assignee of Blue Ridge Corporation, Plaintiff, v. John Foster DULLES, Arthur H. Dean and David R. Hawkins, as Executors of the Estate of Harrison Williams, Deceased, John Foster Dulles, Sidney J. Weinberg, Waddill Catchings, Walter E. Sachs, Arthur Sachs, Howard J. Sachs, Henry S. Bowers, Louis E. Kilmarx, Blue Ridge Corporation now Blue Ridge Mutual Fund, Inc. and Ridge Realization Corporation, Defendants.

United States District Court S. D. New York.

Memorandum June 25, 1959.


Attorney(s) appearing for the Case

David M. Palley, New York City, for plaintiff. David M. Palley and Morris Gottlieb, New York City, of counsel.

Fennelly, Eagan, Nager & Lage, New York City, for Ridge Realization Corp. Leo C. Fennelly, of counsel.

Sullivan & Cromwell, New York City, for defendants John Foster Dulles, Sidney J. Weinberg, Waddill Catchings, Walter E. Sachs and David R. Hawkins as Executor of the Estate of Harrison Williams, Deceased. Milton Pollack and Henry N. Ess, III, New York City, of counsel.


HERLANDS, District Judge.

The Principal Question

Is plaintiff's claim in this Federal action the "same cause" as that which plaintiff formerly asserted in a prior dismissed state court action against the same defendants?

This is the principal, though not the only, question raised by defendants' motions for summary judgment (F.R.Civ.P. rule 56, 28 U.S.C.A.) and judgment dismissing the complaint (F.R.Civ.P. rule 12) in this action, jurisdictionally...

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