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SMITH v. FITZSIMMONS

No. 66 Civ. 1638.

264 F.Supp. 728 (1967)

Morris SMITH, Elizabeth Most, and David Wiener, individually and on their own behalf and that of all shareholders of Alleghany Corporation similarly situated and derivatively on behalf of Alleghany Corporation, Plaintiffs, v. Robert J. FITZSIMMONS, Allan P. Kirby and Alleghany Corporation, Defendants.

United States District Court S. D. New York.

February 7, 1967.

Attorney(s) appearing for the Case

Robert L. Bobrick, New York City, for plaintiffs.

Milton Pollack, New York City, for defendant Robert J. Fitzsimmons.

Donovan, Leisure, Newton & Irvine, New York City, for defendant Allan P. Kirby.

Willkie, Farr, Gallagher, Walton & Fitzgibbon, New York City, for defendant Alleghany Corp., Mark F. Hughes, Vincent R. Fitzpatrick, Anthony F. Phillips, New York City, of counsel.

MEMORANDUM

BONSAL, District Judge.

Defendants Kirby, Fitzsimmons and Alleghany Corporation move pursuant to Rule 12 and Rule 56 of the Federal Rules of Civil Procedure to dismiss the complaint, and plaintiffs move for summary judgment pursuant to Rule 56 on "count" one of the complaint. Defendants' motion to dismiss the complaint is granted and plaintiffs' motion for summary judgment is denied.

In his...

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