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RIPPERGER v. A. C. ALLYN & CO.

37 F.Supp. 373 (1940)

RIPPERGER v. A. C. ALLYN & CO., Inc., et al.

District Court, S. D. New York.

May 1, 1940.

Attorney(s) appearing for the Case

Jacob K. Javits and Percival E. Jackson, both of New York City, for plaintiff.

Claire W. Hardy, of Chicago, Ill., for defendant A. C. Allyn & Co., Inc.

Sullivan & Cromwell, by John C. Bruton, Jr., all of New York City, for defendant Schroder-Rockefeller & Co., Inc.

Sullivan & Cromwell, by John C. Bruton, Jr., all of New York City, for defendant First Boston Corporation.

GODDARD, District Judge.

(I) Defendants A. C. Allyn & Co., Inc., and First Boston Corporation have made motions to dismiss the complaint as against them on two grounds: (a) That a prior order dismissing similar complaints against them on the ground of improper venue is res judicata; (b) that similar actions by the plaintiff are pending in the United States District Courts for the Districts of Delaware and Massachusetts, and that this court should accordingly decline...

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