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LESNIK v. PUBLIC INDUSTRIALS CORPORATION

No. 377.

144 F.2d 968 (1944)

LESNIK v. PUBLIC INDUSTRIALS CORPORATION (DAVISON et al., Third-Party Defendants).

Circuit Court of Appeals, Second Circuit.

September 7, 1944.

Attorney(s) appearing for the Case

R. Randolph Hicks, of New York City (Satterlee & Warfield, of New York City, on the brief), for appellant Public Industrials Corporation.

David Haar, of New York City (Guy George Gabrielson, of New York City, on the brief), for appellees.

Before L. HAND, SWAN, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

This action began as a simple suit on a promissory note; but, in line with the economy of judicial effort encouraged by the new civil rules, the defendant was able, by filing counterclaims and a cross-complaint against additional parties brought into the case, to go to trial on the issue of whether it was defrauded by a conspiracy of directors of a company in which it held stock to refuse to declare dividends, thereby causing it financial ruin...

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