WEISS v. ROUTH

No. 228.

149 F.2d 193 (1945)

WEISS et al. v. ROUTH et al.

Circuit Court of Appeals, Second Circuit.

May 2, 1945.


Attorney(s) appearing for the Case

Louis D. Frohlich and Schwartz & Frohlich, all of New York City (Herbert P. Jacoby, of New York City, of counsel), for appellants.

James V. Hayes and Donovan Leisure Newton & Lumbard, all of New York City (J. Leo Coupe, of Utica, of counsel), for appellees.

Before L. HAND, SWAN and CHASE, Circuit Judges.


L. HAND, Circuit Judge.

This is an appeal from a judgment dismissing a complaint on the merits after trial in a removed action, brought to recover the loss in value of 500 shares of common stock owned by the plaintiffs in the United States Distributing Corporation, incorporated under the laws of Virginia. On December 31, 1942, that corporation was merged with a Delaware corporation known as the Pittston Company, and Routh, the individual defendant, was a director...

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