FLERSHEM v. NATIONAL RADIATOR CORPORATION

Nos. 4956, 4959, 5020, 5037, 5040.

64 F.2d 847 (1933)

FLERSHEM et al. v. NATIONAL RADIATOR CORPORATION (FIRST NAT. BANK OF CINCINNATI et al., Interveners), and three other cases.

Circuit Court of Appeals, Third Circuit.

March 24, 1933.


Attorney(s) appearing for the Case

David M. Palley, Netter, Palley & Netter, A. H. Kaufman, and Sachs & Caplan, all of Pittsburgh, Pa. (Louis Caplan, of Pittsburgh, Pa., of counsel), for appellants Josephine Ramsey and others.

Alter, Wright & Barron, of Pittsburgh, Pa., and Miller & Hubbell, of Utica, N. Y. (Gifford K. Wright, of Pittsburgh, Pa., and James F. Hubbell, of Utica, N. Y., of counsel), for appellant International Heater Co.

Ralph Royall, of New York City, Baker & Watts, of Pittsburgh, Pa., and Ehrich, Royall, Wheeler & Walter, of New York City (Manfred W. Ehrich and Benjamin M. Robinson, both of New York City, and Sidney J. Watts, of Pittsburgh, Pa., of counsel), for appellant First Nat. Bank of Cincinnati.

Maynard Teall and Reed, Smith, Shaw & McClay, all of Pittsburgh, Pa., and Carlos L. Israels, of New York City (Lawrence Bennett, G. Franklin Ludington, and Milbank, Tweed, Hope & Webb, all of New York City, of counsel), for appellees.

Before WOOLLEY, Circuit Judge, and DICKINSON and KIRKPATRICK, District Judges.


WOOLLEY, Circuit Judge.

The National Radiator Corporation was engaged in the manufacture and sale of radiators, boilers and other instrumentalities of radiation. It was organized in 1927 by the consolidation or merger of six independent companies in the radiator industry. Preliminary to the consolidation an appraisal of their assets was made in the sum of $26,192,000 (speaking for convenience always in round numbers).

Upon the basis of this appraisal and a...

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