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HABERMAN v. TOBIN

No. 74 Civ. 5470.

466 F.Supp. 447 (1979)

Simon V. HABERMAN, Plaintiff, v. John E. TOBIN, Fred M. Kirby, Allan P. Kirby, Jr., each in their own capacity as directors of Alleghany Corporation and as attorney for and guardians of the property of Allan P. Kirby, Sr., John J. Burns, Jr., Ralph K. Gottshall, Richard R. Hough, William G. Rabe, Clifford H. Ramsdell and Carlos J. Routh as directors of Alleghany Corporation, and Alleghany Corporation, Defendants.

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

March 10, 1979.

Attorney(s) appearing for the Case

Greenfield, Lipsky & Bress, New York City, for plaintiff by Thomas Bress, New York City, of counsel.

Debevoise, Plimpton, Lyons & Gates, New York City, for defendants Fred M. Kirby, Allan P. Kirby, Jr., John E. Tobin and John J. Burns, Jr. by Robert J. Geniesse, New York City, of counsel.

Cahill, Gordon & Reindel, New York City, for defendant Alleghany Corp. by William E. Hegarty, H. Rich Schumacher, John A. Shutkin, New York City, of counsel.

OPINION

SWEET, District Judge.

This action was begun by Randolph Phillips against certain directors of the Alleghany Corporation and the Corporation itself on December 30, 1974. The facts which gave rise to the action are described in Phillips v. Tobin, 403 F.Supp. 89 (S.D.N.Y. 1975) and will not be repeated here. In Phillips, the Honorable Robert J. Ward dismissed Counts 2, 4, 5 and 6 of Phillips' amended...

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