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SCHWARTZ v. ALLEGHANY CORPORATION

Civ. A. No. 66 Civ. 3912.

282 F.Supp. 161 (1968)

Sandor SCHWARTZ, Plaintiff, v. ALLEGHANY CORPORATION, the Chesapeake & Ohio Railway Co., United States of America and the Interstate Commerce Commission, Defendants.

United States District Court S. D. New York.

April 3, 1968.

Attorney(s) appearing for the Case

Sidney L. Garwin and Norman Annenberg, New York City, for plaintiff.

Donovan, Leisure, Newton & Irvine, New York City (Carl E. Newton, M. Lauck Walton, Ben Vinar and John J. McCann, New York City, of counsel), for defendant Alleghany Corp.

Hall, Casey, Dickler & Howley, New York City (John Howley, New York City, of counsel), for defendant Chesapeake & Ohio Railway Co.

John F. Turner, Asst. Atty. Gen., and John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., Robert M. Morgenthau, U. S. Atty., New York City, for defendant United States.

Robert W. Ginnane, Gen. Counsel, and Raymond M. Zimmet, Atty., Interstate Commerce Commission, Washington, D. C., for defendant Interstate Commerce Commission.

Before SMITH, Circuit Judge, LEVET and MOTLEY, District Judges.

MEMORANDUM ON MOTION TO DISMISS

J. JOSEPH SMITH, Circuit Judge.

This is a stockholder's derivative suit in which the plaintiff Schwartz, an owner and holder of shares in The Chesapeake & Ohio Railway Company since prior to January 1, 1953, seeks rescission of the sale by the C & O of its stock in the New York Central Railroad Company to Alleghany Corporation; a decree that on the date when Alleghany purchased the New York Central shares from the...

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