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FEDERAL DEPOSIT INS. CORPORATION v. TREMAINE

41 F.Supp. 849 (1941)

FEDERAL DEPOSIT INS. CORPORATION v. TREMAINE et al.

District Court, S. D. New York.

December 29, 1941.

Attorney(s) appearing for the Case

Sidney R. Nussenfeld, of New York City (Harry Rodwin and Irving H. Jurow, both of New York City, of counsel), for plaintiff.

John J. Bennett, Jr., Atty. Gen., of New York (Robert P. Beyer and Hyman Wank, Asst. Attys. Gen., of counsel), for defendant Morris S. Tremaine.

William C. Chanler, Corp. Counsel, of New York City (Bernard Newman, Seymour B. Quel, and Arthur H. Kahn, all of New York City, of counsel), for defendant Almerindo Portfolio.

Berle & Berle, of New York City (Winthrop H. Kellogg, of New York City, of counsel), for defendant Adolf A. Berle, Jr.

BRIGHT, District Judge.

Plaintiff moves for summary judgment in its favor. Judge Knox, upon a complete submission of the questions now involved, denied a previous motion of the defendants to dismiss. 37 F.Supp. 177. The only change in the action since has been a discontinuance as against the defendants Sheridan and Faulkner.

The fact that the remaining defendants are sought to be held liable for acts which in no way have...

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