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FIRST NAT. BANK OF HOLLYWOOD v. AMERICAN FOAM RUB. CORP.

60 Civ. 2328.

309 F.Supp. 547 (1969)

FIRST NATIONAL BANK OF HOLLYWOOD et al., Plaintiffs, v. AMERICAN FOAM RUBBER CORPORATION et al., Defendants.

United States District Court, S. D. New York.

September 26, 1969.

Attorney(s) appearing for the Case

Whyman & Whyman, New York City, for plaintiffs; Martin N. Whyman, New York City, of counsel.

Winer, Neuburger & Sive, New York City, for defendants, David Sive, New York City, of counsel.

MEMORANDUM

COOPER, District Judge.

Plaintiffs' second cause of action charging the individual defendants with having breached the subordination provisions of the Buy-Sell Agreement entered into between them and Samuel spect are measured by the distributive dividend paid out by the bankrupt es-Buchman on May 17, 1957 was tried to this Court. In an opinion filed July 23, 1969, we held that Marie Louise deMontmollin had breached the provisions in question when...

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