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UNITED STATES v. NEW YORK, NEW HAVEN & HARTFORD RAILROAD CO.

170 F.Supp. 562 (1959)

UNITED STATES of America, Plaintiff, v. NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY, Tri-Continental Financial Corporation, A. C. Allyn and Company, Incorporated, American Transportation Enterprises, Inc., Equitable Securities Corporation, Carl M. Loeb, Rhoades & Co., Robinson-Humphrey Company, Inc., and John W. Clarke & Co., Defendants. Helene GLENMORE et al., Plaintiffs, v. John I. AHERN et al., Defendants.

United States District Court S. D. New York.

February 17, 1959.

Attorney(s) appearing for the Case

George Cochran Doub, Asst. Atty. Gen., Arthur H. Christy, U. S. Atty., for S. D. New York, New York City, for the United States.

Pomerantz, Levy & Haudek, New York City, for plaintiffs Helene Glenmore and others.

Cahill, Gordon, Reindel & Ohl, New York City, for defendants Tri-Continental Financial Corp. (in Civ. 140-42), A. C. Allyn & Co., Inc., American Transp. Enterprises, Inc., Equitable Securities Corp., Carl M. Loeb, Rhoades & Co., Robinson-Humphrey Company, Inc., and John W. Clarke & Co.

Percival E. Jackson, New York City, for defendant Tri-Continental Financial Corp. in Civ. 107-132.

Opinion and Order

McGOHEY, District Judge.

Three motions in the Government's suit and two in the Glenmore suit are here considered. They are as follows.

In the Government's suit all defendants, other than New Haven, moved under Rule 12(b), Fed.R.Civ.P. 28 U.S.C. for dismissal of the complaint on the ground that it fails to state a relievable claim; or, in the alternative, for judgment on the pleadings under Rule 12(c). The Government cross moved...

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