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IN RE CIVIC

No. 289.

34 F.2d 624 (1929)

In re CIVIC et al.

Circuit Court of Appeals, Second Circuit.

July 3, 1929.

Attorney(s) appearing for the Case

David W. Kahn, of New York City, for appellants.

Francis J. McManamy, Jr., of New York City, for appellee Weingarten, Toolan & Co.

Epstein & Brothers, of New York City (A. J. Brothers, of New York City, of counsel), for appellee Stone & Co.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge (after stating the facts as above).

The question that meets us at the threshold is, What was the contract of the parties? There seems to have been no reason why they could not have made any agreement that they chose. If Civic & Co. wished to sell, and the claimants wished to buy, any sort of rights which the consolidated bank might offer to its shareholders, either directly or through a stockholders' committee, irrespective of any...

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