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HACKNER v. MORGAN

No. 325.

130 F.2d 300 (1942)

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

Circuit Court of Appeals, Second Circuit.

August 4, 1942.

Attorney(s) appearing for the Case

Meyer Abrams, of Chicago, Ill., and Bennett I. Schlessel, of New York City (Shulman, Shulman & Abrams, of Chicago, Ill., of counsel), for appellant.

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

Before CHASE, CLARK, and FRANK, Circuit Judges.

CHASE, Circuit Judge.

This suit was originally brought by three plaintiffs, Hackner, Bowman and Ballinger, as a class action for themselves and others similarly situated as one-time holders of 6% Gold Notes of the Van Sweringen Corporation. The complaint alleged that the plaintiffs had been wrongfully induced to accept an offer of the Van Sweringen Corporation made on October 29, 1931, to exchange their notes which will be described more fully below. The relief sought...

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