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PHŒNIX INS. CO. OF HARTFORD v. NEW YORK & HARLEM R. CO.

No. 384.

59 F.2d 962 (1932)

PHŒNIX INS. CO. OF HARTFORD et al. v. NEW YORK & HARLEM R. CO. et al.

Circuit Court of Appeals, Second Circuit.

June 13, 1932.

Attorney(s) appearing for the Case

Glenn, Alley & Geer, of New York City (William N. Cohen, Garrard Glenn, John S. Sheppard, and Enos Throop Geer, all of New York City, of counsel), for appellants.

Jacob Aronson, of New York City (Crosby J. Beakes and James L. Homire, both of New York City, of counsel), for New York Central R. Co.

Anderson, Gasser, Ferris & Anderson, of New York City (Henry B. Anderson and Roy C. Gasser, both of New York City, of counsel), for New York & Harlem R. Co.

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

MANTON, Circuit Judge.

The appellants, minority stockholders, sue for an accounting of rents and profits obtained by the New York Central Railroad Company from property leased to it by the New York & Harlem Railroad Company under the terms of a 401-year lease. It is conceded that, if the relief asked should be granted, the appellants are properly in court as such stockholders, without first requesting the New York &...

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