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HACKNER v. GUARANTY TRUST CO. OF NEW YORK

No. 125.

117 F.2d 95 (1941)

HACKNER et al. v. GUARANTY TRUST CO. OF NEW YORK et al.

Circuit Court of Appeals, Second Circuit.

January 13, 1941.

Attorney(s) appearing for the Case

Meyer Abrams, of Chicago, Ill. (Bennett I. Schlessel, of New York City, and Shulman, Shulman & Abrams, of Chicago, Ill., on the brief), for plaintiffs-appellants.

Ralph M. Carson, of New York City (Davis, Polk, Wardwell, Gardiner & Reed and Francis W. Phillips, all of New York City, on the brief), for defendants-appellees.

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

CLARK, Circuit Judge.

The following in substance are the allegations of the complaint. Each of the parties plaintiff was at one time a holder of one or more of a $30,000,000 issue of Five Year 6 per cent Gold Notes of the Van Sweringen Corporation — Hackner in the amount of $1,000; Bowman, $5,000; and Ballinger, $1,500. According to the terms of a Trust Indenture executed by the Corporation and defendant Guaranty Trust Company as trustee, a large amount of...

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