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MOONEY v. VITOLO

No. 67 Civ. 1500.

301 F.Supp. 198 (1969)

John J. MOONEY and Francis J. Quillinan, Trustees of BarChris Construction Corp., Debtor, Plaintiffs, v. Christie F. VITOLO, Leonard P. Russo, Leborio Pugliese, Bertram D. Coleman, Philip R. Grant, Peter Morgan, Drexel & Co., John Ames Ballard and John Boyer, Defendants.

United States District Court S. D. New York.

June 4, 1969.

Attorney(s) appearing for the Case

Alex L. Rosen, New York City, for plaintiffs.

Krause, Hirsch & Gross, New York City, for defendants Vitolo, Russo and Pugliese.

Davis, Polk & Wardwell, New York City, for defendants Drexel & Co., Coleman, Ballard and Boyer.

Olwine, Connelly, Chase, O'Donnell & Weyher, New York City, for defendant Grant.

OPINION

RYAN, District Judge.

Plaintiffs have again filed an amended complaint as to the third cause of action in this suit in which plaintiffs charge fraudulent transfers under the Bankruptcy Act, transfers contrary to Section 15 of the New York Stock Corporation Law, McKinney's Consol. Laws, c. 59, and "failure of the defendants as directors or officers to discharge their duties" as provided in Article 7, Sections 713, 717, 720(a) (1) (A), (1) (B), (2...

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