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LEE NATIONAL CORP. v. KANSAS CITY SOUTHERN INDUS., INC.

No. 70 Civ. 143.

314 F.Supp. 1009 (1970)

LEE NATIONAL CORPORATION v. KANSAS CITY SOUTHERN INDUSTRIES, INC.

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

May 20, 1970.

Attorney(s) appearing for the Case

Simpson, Thacher & Bartlett, by Eleanor M. Fox, New York City, for plaintiff.

Sullivan & Cromwell, by J. Marshall Wellborn, New York City, for defendant; Watson, Ess, Marshall & Enggas, Kansas City, Mo., by Landon H. Rowland, Kansas City, Mo., of counsel.

OPINION

TYLER, District Judge.

Plaintiff Lee National Corporation ("Lee") moves for summary judgment under Rule 56, Fed.R.Civ.P., for the payment of dividends which it claims as a record stockholder of defendant, Kansas City Southern Industries, Inc. ("KCSI"). KCSI opposes the motion for summary judgment and also moves under 28 U.S.C. § 1404(a) to transfer the action to the Western District of Missouri, where KCSI has filed an interpleader action to...

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